California's Fiscal Outlook: The 2011-12 Budget

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The 2011-12 Budget:

mac Taylor
Legislative Analyst
California’s
November 2010 Fiscal Outlook

LAO Publications
The Legislative Analyst’s Office (LAO) is a nonpartisan office which provides fiscal and policy information and
advice to the Legislature.
To request publications call (916) 445-4656. This report and others, as well as an E-mail subscription service,
are available on the LAO’s website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000,
Sacramento, CA 95814.
Table of Contents
Chapter 1
The Budget Outlook.................................................... 3
Chapter 2
Economy, Revenues, and Demographics................ 13
Chapter 3
Expenditure Projections........................................... 23

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California’s Fiscal Outlook

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Executive Summary
$25 Billion Budget Problem Needs to Be Addressed in Coming Months
Our forecast of California’s General Fund revenues and expenditures shows that the state must
address a budget problem of $25.4 billion between now and the time the Legislature enacts a 2011‑12
state budget plan. The budget problem consists of a $6 billion projected deficit for 2010‑11 and a
$19 billion gap between projected revenues and spending in 2011‑12.
2010‑11 Deficit. We assume that the state will be unable to secure around $3.5 billion of budgeted
federal funding in 2010‑11. This assumption is a major contributor to the $6 billion year-end deficit
we project for 2010‑11. We also project higher-than-budgeted costs in prisons and several other
programs. In addition, our forecast assumes that passage of Proposition 22 will prevent the state
from achieving about $800 million of budgeted solutions in 2010‑11.
2011‑12 Deficit. The temporary nature of most of the Legislature’s 2010 budget-balancing actions
and the painfully slow economic recovery contribute to the $19 billion projected operating deficit in
2011‑12. This gap is $2 billion less than we projected one year ago. Actions taken during the 2010‑11
budget process to reduce Proposition 98 education spending are a major contributor to the decline.

Ongoing Annual Budget Problems of $20 Billion Persist


Similar to our forecast of one year ago, we project annual budget problems of about $20 billion
each year through 2015‑16. In 2012‑13, when the state must repay its 2010 borrowing of local
property tax revenues and the full effect of Propositions 22 and 26 hit the state’s bottom line, our
forecast shows the operating deficit growing to $22.4 billion. Because our methodology generally
assumes no cost-of-living adjustments, our projections probably understate the magnitude of the
state’s fiscal problems during the forecast period.

Additional Savings From Proposition 98 Will Be Very Difficult


Our forecast indicates that General Fund revenues and transfers will decline by over $8 billion
in 2011‑12 due to the expiration of the temporary tax increases adopted in 2009. Because the
Proposition 98 minimum school funding guarantee is affected by this drop, our budget forecast
already reflects a $2 billion fall in the minimum guarantee between 2010‑11 and 2011‑12. This
reduction would come at the same time that school districts exhaust the billions of dollars of
one-time federal money they have received through the stimulus program and other legislation.

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California’s Fiscal Outlook

For these reasons, it may be very difficult to achieve substantial additional budget reductions in
Proposition 98 in 2011‑12, compared to the levels already reflected in our forecast. In other words,
if the Legislature funds schools at our projected minimum guarantee in 2011‑12, it would mean
billions of dollars in programmatic cuts to education but not contribute a single dollar to closing
the $25 billion budget problem.

Key Choice: Painful Decisions Now…or Pass Problems to Future Californians


Too often, discussions of California’s budget situation are framed in extreme terms: the
state about to go “bankrupt,” debt-service payments hypothetically poised to default, the state
government on the verge of collapse. None of these scenarios is remotely likely to occur. History
tells us that the state can find ways to temporarily “patch over” its annual budget problems in
ways that prove sufficiently palatable to policy makers of both major parties. Periodically, large
influxes of capital gains allow for temporary relief, and this too aids in patching over the state’s
now-recurrent budget challenges. The Legislature and the new Governor will be tempted in the
next few years to continue patching over the budget problems with temporary fixes. Unless plans
are put in place to begin tackling the ongoing budget problem, it will continue to be difficult for
the state to address fundamental public sector goals—such as rebuilding aging infrastructure,
addressing massive retirement liabilities, maintaining service levels of high-priority government
programs, and improving the state’s tax system. Accordingly, the state faces a basic choice: begin to
address today’s huge, frustrating budget problems now…or defer the state’s budgetary and policy
problems to future Californians.

Huge Longer-Term Fiscal Challenges Already Can Be Foreseen


One major reason to stop passing the state’s problems to future Californians is that the state’s
long-term fiscal liabilities—for infrastructure, retirement, and budgetary borrowing—are already
huge. The costs of paying down these liabilities already are reflected, to some extent, in the state’s
recurring deficits, but these costs will only grow in the future. By deferring hard decisions on
how to finance routine annual budgets of state programs to future years, the state risks increasing
further the already immense fiscal challenges facing tomorrow’s Californians.

Time for a Multiyear Approach to Fixing the Budget


We continue to recommend that the Legislature initiate a multiyear approach to solving
California’s recurring structural budget deficit. In 2011‑12, such an approach might involve
$10 billion of permanent revenue and expenditure actions and $15 billion of temporary budget
solutions. In 2012‑13, 2013‑14, and 2014‑15, another few billion of permanent actions each year could
be initiated, along with other temporary budget solutions, and so on until the structural deficit
was eliminated. Barring another sharp economic decline, such an approach could fix California’s
near-term budget problems by the end of our forecast period in 2015‑16 and give the state flexibility
to begin (1) building reserves needed to address the next economic downturn and (2) addressing
long-term fiscal liabilities.
The solutions needed to balance the budget will mean unavoidably painful sacrifice by today’s
Californians. The benefit of this sacrifice would be putting the state on a sound fiscal footing. That
sound footing may allow future Californians to live in a place where the annual state budget process
is a chance to improve government’s ability to serve its residents.

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Chapter 1

The Budget Outlook


This report provides our projections of the
state’s General Fund revenues and expenditures
2010‑11 TO END IN DEFICIT
for 2010‑11 through 2015‑16 under current law, Projected 2010‑11 Year-End Deficit of
absent any actions to close the state’s budget gap. $6 Billion
Our projections primarily reflect current-law $3.5 Billion of New Funding or Flexibility Not
spending requirements and tax provisions, while Yet Approved by U.S. Government. At the time
relying on our independent assessment of the the Governor signed the 2010‑11 budget package
outlook for California’s economy, demographics, in October 2010, the administration estimated
revenues, and expenditures. The report aims to that the General Fund would have a $1.3 billion
assist the Legislature with its fiscal planning as it reserve at the end of 2010‑11. A key assumption in
begins to consider revisions to the 2010‑11 budget that calculation was that the state would receive
and adoption of the 2011‑12 budget. The basis of our around $4 billion in federal funding (or additional
estimates is described in the nearby box (next page). flexibility in operating state-federal programs
like Medi-Cal) that had not yet been approved
Figure 1 shows our estimate of the condition by the federal government. Recently, the federal
of the General Fund through the end of 2011‑12 government approved a waiver affecting Medi-Cal
assuming no corrective action. The 2010‑11 and other health programs that provides annual
f iscal year would end
with a $6  billion deficit.
In 2011‑12, expenditures Figure 1
would exceed revenues LAO Projection of General Fund Condition if No
by $19  billion and leave Corrective Actions Are Taken
the state with a year-end (In Millions)
deficit of over $25 billion. 2009‑10 2010‑11 2011‑12
Accordingly, we estimate
that the Legislature and Prior-year fund balance -$5,375 -$5,371 -$4,591
Revenues and transfers 87,041 93,284 83,530
the new Governor will
Expenditures 87,037 92,505 102,756
have to address a budget Ending fund balance -$5,371 -$4,591 -$23,817
problem of $25  billion Encumbrances 1,537 1,537 1,537
between now and the time Reserve a -$6,908 -$6,128 -$25,354
that they agree to a 2011‑12 a Special Fund for Economic Uncertainties. Assumes no transfer to the state’s Budget Stabilization
state budget plan. Account.

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California’s Fiscal Outlook

General Fund savings that is initially estimated to flexibility incorporated into the 2010‑11 budget
total around $500  million per year. Our forecast package. Accordingly, based on that assumption
assumes that the state fails to secure the remaining alone, our projections show a General Fund deficit
$3.5  billion of additional federal funding or at the end of 2010‑11.

Basis for Our Estimates


Our revenue and expenditure forecasts are based primarily on the requirements of current law,
including constitutional provisions (such as the Proposition 98 minimum guarantee for school
funding), statutory requirements, and currently authorized federal funding. In other cases, the
estimates incorporate effects of projected changes in caseloads, federal requirements, and other
factors affecting program costs. The estimates are not predictions of what the Legislature and the
Governor will adopt as policies and funding levels in future budgets. Instead, our estimates are
intended to be a reasonable baseline of what would happen if current-law policies continue to
operate in the future. We intend the forecast to provide a meaningful starting point for legislative
deliberations involving the state’s budget so that corrective actions can be taken.

No COLAs or Inflation Adjustments Assumed. In line with the Legislature’s policy in recent
years, we generally have not made annual cost-of-living adjustments (COLAs) or price increase
adjustments over our forecast period. (Health programs are an exception since the costs of current-
law benefits are subject to inflationary increases.) In particular, in the 2009-10 budget package
the Legislature added to state law a provision stating that most programs, including universities,
the courts, and various social services programs, would no longer receive “automatic” COLAs
and inflation adjustments. The impact of not adjusting for COLAs and inflation means that the
purchasing power of current state expenditures will be eroded by inflation over the forecast period
and the state will not be able to maintain a “current services” budget. Should the Legislature choose
to provide these adjustments in future years, we estimate that the state’s annual budget problems
would be even greater than those indicated in our forecast—by about $400 million in 2011‑12
and, if inflation adjustments were provided each year during the forecast, by as much as $3 billion
in 2015‑16. If the Legislature were to approve additional state employee pay or benefit increases
(beyond those included in recent labor agreements), that also would increase costs above those
indicated in our forecast.

Impact of Future Ballot Measures Not Considered. In keeping with our use of current law as
the basis for our forecast, our projections do not consider any future impact of measures scheduled
for future statewide elections—the $11 billion water bond and the budget reserve and spending
measure passed as part of the 2010‑11 budget package. We do, however, incorporate our preliminary
estimates of the fiscal effects of propositions that were passed on November 2, 2010.

State Victories in Court Cases Assumed. Our forecast generally assumes that the state eventually
prevails in active, budget-related court cases. (By active cases, we mean open cases at the trial or
appellate court level.) The state faces an array of active cases, including ones related to the budgeted
shift of redevelopment funds and various health and social services reductions. The state also is
appealing a three-judge panel’s order to reduce the prison population to the U.S. Supreme Court.

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California’s Fiscal Outlook

A Net $3  Billion of Other Budget Solutions therefore, is over $400 million higher in our
Likely at Risk. In addition to the inability to secure forecast for 2009‑10 and 2010‑11 combined.
federal funding, we assume the state will be unable to
achieve the following 2009‑10 and/or 2010‑11 budget • Information Technology Savings. The
solutions counted on in the 2010‑11 budget package: budget package assumed the admin‑
istration would reduce departmental
• Prisons and Medical Care Receiver. We budgets by $130  million in 2009‑10 and
expect that expenses of the prison medical $140 million in 2010‑11 to capture savings
care Receiver will exceed budgeted amounts from recent efficiencies implemented in
by about $780 million and that other prison information technology programs. Our
expenses will surpass budgeted totals by forecast assumes that much of this savings
$185 million. does not flow to the General Fund’s bottom
line.
• Employee Compensation. Recent collective
bargaining agreements and other personnel 2009‑10 and 2010‑11 Revenue Projection
actions are projected to achieve over Down $447 Million. The 2010‑11 budget package
$400 million less in savings than assumed essentially relied on our office’s May 2010 revenue
in the 2010‑11 budget. In addition, in forecast for 2009‑10 and 2010‑11, which was
2009‑10, the state enacted a one-day payroll $1.4 billion higher than the administration’s. Our
delay to achieve one-time savings of about current projection has General Fund revenues
$1 billion. Estimates now indicate the delay $447 million below the budget package forecast for
achieved savings of $800 million. 2009‑10 and 2010‑11 combined.

• Medi-Cal. Around $400  million of Proposition 22 Reduces General Fund Solutions


budgeted savings are estimated to be by Nearly $800 Million. There is some uncertainty
unachievable in Medi-Cal due to (1) the late about what Propositions 22 and 26 mean for state
passage of the 2010‑11 budget and (2) our finance in the short term, as discussed in the
projection that the program will be unable nearby box (see page 6). Our forecast, however,
to achieve an unallocated budget reduction assumes that Proposition 22 prevents the state from
of $323 million. achieving nearly $800 million in budgeted 2010‑11
solutions—about $400 million in now-prohibited
• In-Home Supportive Services (IHSS) borrowing from the Highway Users Tax Account
Program. As part of the 2010‑11 budget and $400 million in now-prohibited use of trans‑
package, a variety of solutions were portation funds to pay bond debt service.
estimated to reduce IHSS costs by
$300 million. We estimate that only about $6.1  Billion General Fund Deficit Forecast
one-half of this savings will materialize. for 2010‑11. As shown in Figure  1, given all of
In addition, $45  million of budgeted these expenditure and revenue issues, we forecast
savings from previously enacted anti-fraud that 2010‑11 will end with a General Fund deficit
activities will not be achieved. of $6.1  billion, absent any corrective action
by the Legislature. Various cash management
• Lower Property Tax Estimate Affects actions—including payment delays approved by
General Fund Education Spending. Our the Legislature and borrowing from both investors
forecast assumes lower local property tax and state special funds—will facilitate continued
revenues than the 2010‑11 budget package. General Fund operations despite the forecasted
General Fund spending on Proposition 98, deficit, as described in the nearby box (see page 7).

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California’s Fiscal Outlook

MAJOR NEW BUDGET expenses will be exhausted. For these reasons, the
state will be left with a large operating shortfall (the
PROBLEM IN 2011‑12 difference between annual General Fund revenues
and expenditures) problem in 2011‑12 totaling
With the “Carry-In” Deficit, a $25  Billion $19.2  billion. In addition, the Legislature must
Problem to Address. The vast majority of the address the 2010‑11 year-end deficit at or before
roughly $20 billion of budget solutions enacted as the time it enacts the 2011‑12 budget package.
part of the 2010‑11 budget process were one-time Accordingly, the total budget problem that the
or temporary in nature. At the same time, by the state must address between now and passage of the
end of 2010‑11 about $8 billion of temporary tax 2011‑12 budget totals $25.4 billion in our forecast,
increases expire, and about $4.5 billion of federal as shown in Figure 1.
stimulus funding used to reduce General Fund

Effects of November 2010 Ballot Measures on Our Forecast


Three major budget-related measures were approved by voters at the November 2 general
election. Proposition 25 changes the vote threshold needed to send a budget bill to the Governor
from two-thirds to a simple majority of each house of the Legislature. This may help make it
easier for the Legislature to pass an on-time budget each year. At the same time, voters approved
Propositions 22 and 26, which restrict the Legislature’s ability to use certain local funds to help
balance the budget and raise the vote threshold for passing certain fees from a simple majority to
two-thirds, respectively.

Our Assumptions Concerning Propositions 22 and 26. We assume that Proposition 22 prevents
the state from borrowing certain transportation special funds for the General Fund, as was assumed
in the Legislature’s 2010‑11 budget plan. We also assume that loans from such special funds prior
to November 3 (the effective date of the measure) are not affected by Proposition 22. Accordingly,
in our forecast, about $400 million of not-yet-executed loans from the Highway Users Tax Account
are assumed to be prohibited by Proposition 22. This worsens the condition of the General Fund
in 2010‑11 by a like amount. The budgeted use of certain transportation funding to offset General
Fund debt-service costs also is assumed to be impermissible in 2010‑11, thereby hurting the General
Fund’s bottom line by another $400 million.

In 2011‑12, we assume that Proposition 26 fully reverses the “fuel tax swap” adopted by the
Legislature earlier this year, beginning November 2011 (one year after voter approval). Accordingly,
state sales taxes on gasoline resume (thereby increasing General Fund revenues), excise taxes on
gasoline decline, and the General Fund’s payments for transportation programs resume pursuant
to Proposition 42 (2002). A timing lag in Proposition 42 payments means that the net effect of
these measures is near zero for 2011‑12. The ongoing effect of Propositions 22 and 26—approaching
$1 billion or more annually—does not hit the General Fund until 2012‑13 in our forecast.

Some Uncertainty. Propositions 22 and 26 are complex measures. It is possible that some of the
fiscal effects we describe above would not materialize until a stakeholder successfully sues the state
in court to force these budgetary changes. Accordingly, our forecast presents a preliminary point
of view about their effects on the budget. The actual effect may be different in any given fiscal year.

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California’s Fiscal Outlook

Key Considerations Regarding the drives down the Proposition 98 minimum funding
2011‑12 Budget guarantee in our projections. The Proposition 98
Sharp Reduction in K-14 Programmatic minimum guarantee is forecasted to decline from
Spending Already Reflected in Our Forecast. $49.7  billion in 2010‑11 (when the Legislature
Because of the expiration of temporary tax increases suspended Proposition  98) to $47.5  billion in
and other factors, General Fund tax revenues are 2011‑12. The General Fund’s share of Proposition 98
forecast to decline significantly in 2011‑12, which funding is forecast to decline as well—from
$36.2 billion in 2010‑11 to $34.2 billion in 2011‑12.

Cash Management
Background. As we described in our January 2009 report, California’s Cash Flow Crisis, the
state suffers from a basic cash flow problem, even in good years. Most revenues are received during
the second half of the fiscal year (January to June), while most expenses are paid in the first half
of the fiscal year (July to December). In order to meet payments in the early part of the year, the
state obtains short-term borrowing that is paid back within the fiscal year, referred to as revenue
anticipation notes (RANs). The state also relies on a pool of “borrowable resources”—balances in
state special funds—that can be borrowed for cash flow purposes.

Billions of Dollars of Payments Delayed in 2010‑11. The Legislature enacted two sets of cash
payment delays for the 2010‑11 fiscal year in order to assist with cash management. The first was
enacted in special session legislation and allowed for delays of up to $5 billion of scheduled payments
to schools, universities, and local governments at almost any given time within the fiscal year.
The second set of delays was enacted in the October budget package and allowed for an additional
$4.7 billion of payments to be delayed in October and November in order to avoid the issuance of
registered warrants (IOUs) and facilitate the issuance of a 2010‑11 RAN. The Controller also used
his executive authority to delay other payments in October, such as tax refunds. These various
payment delays will be repaid within the 2010‑11 fiscal year.

Payment Delays Will Be Needed for 2011‑12. With a few exceptions, there are no statutory provi‑
sions for intrayear payment delays in the 2011‑12 fiscal year. Given our forecast for the significant
deficit at the end of 2010‑11 and the accumulated deficit in the General Fund, the state will likely
require significant external cash flow borrowing again in 2011‑12. In addition, to avoid the issuance
of IOUs at certain points in the year, payment delays similar to those approved in 2010‑11 likely
will be needed. Local governments, schools, and community colleges previously have indicated
that early adoption of payment delays helps them execute their own annual cash borrowings.

Curbing the Deficit Would Reduce Cash Pressures in Future Years. Many temporary or
one-time budget solutions—such as borrowing from special funds—increase cash pressures by
reducing overall borrowable resources. If the Legislature acts to eliminate operating shortfalls
in the coming years, we would expect cash pressures, and hence the need for payment delays,
to decline. While removing the payment delays will not have a significant impact on the state’s
budget situation, it should reduce the external borrowing costs of local entities and provide more
certainty in fiscal planning efforts of schools and community colleges. Reducing cash pressures
can also reduce the state’s need for external borrowing, thus reducing the state’s borrowing costs.

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California’s Fiscal Outlook

At the same time, it is expected that schools will 80 percent federal matching rate available under
have spent most of the billions of dollars of recent, TANF ECF for increased CalWORKs grant costs
one-time federal stimulus and jobs funding approved above the state’s base costs in 2007 had been a
by Congress. Accordingly, it may be very difficult for deterrent to cutting General Fund support for
the Legislature to achieve additional Proposition 98 CalWORKs cash assistance, but it is no longer in
savings as part of its 2011‑12 budget package. In effect.
other words, if the Legislature funds schools at the
forecasted minimum guarantee in 2011‑12, it would Revenue Uncertainty. As we discuss in
mean billions of dollars in programmatic cuts to Chapter  2, there are a lot of challenges with
education but not contribute a single dollar to closing forecasting economic activity and revenues in
the $25 billion budget problem. California following the unprecedented recession
that ended in 2009. One of the key challenges is
State Faces Ongoing Constraints on Reducing forecasting capital gains. This is always difficult, but
Health Programs. Our forecast reflects sharp is even more so this year given the huge unrealized
General Fund increases in Medi-Cal, the state’s stock and housing capital losses of recent years
second-largest General Fund program, that are and uncertainties about federal tax policy with the
required under current law and as a result of the pending expiration of various tax cuts. Action or
expiration of federal economic stimulus funding. inaction by Congress on the expiring tax cuts in
The American Reinvestment and Recovery Act the coming weeks could affect taxpayer behavior
(ARRA) of 2009 provided an enhanced federal and the resulting timing of hundreds of millions
match in state support for Medi-Cal that will be of dollars in state revenues related to capital gains.
phased out as of the end of 2010‑11. The state’s
receipt of billions of dollars in federal assistance Of perhaps even greater concern is uncer‑
under ARRA, however, was on the condition that it tainty about the federal estate tax. Currently,
maintain the eligibility standards, methodologies, our forecast—like the 2010‑11 budget package—
and procedures that were previously in place for assumes $2.7 billion of estate tax revenues for the
Medi-Cal. These constraints originally were to General Fund in 2010‑11 and 2011‑12 combined
expire along with the provision of ARRA funding. based on current law. There has, however, been
However, provisions in the federal health care significant speculation that Congress will change
reform law essentially extended these maintenance- estate tax law to eliminate the state’s ability to
of-effort requirements for Medi-Cal and also generate any of these revenues. Should Congress
applied them to the Healthy Families Program. This do this, the budget problem for 2011‑12 would
essentially takes off the table many options to scale increase by $2.7 billion above the level indicated
back these programs that could result in several in our forecast.
hundreds of millions of dollars in state General
Fund savings annually.

In other areas, such as California Work LINGERING BUDGET


Oppor t u nit y a nd Responsibi l it y to K ids PROBLEM OF $20 BILLION
(CalWORKs), the expiration of federal economic
stimulus funding (known as the Temporary FOR YEARS TO COME
Assistance for Needy Families Emergency
Roughly $20 Billion Annual Problem Forecast
Contingency Fund, or TANF ECF) does open
Through 2015‑16. As shown in Figure 2, our forecast
up additional options for state savings. The high
of General Fund revenues and expenditures shows

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California’s Fiscal Outlook

an annual budget problem of Figure 2


around $20 billion through
2015‑16. With the economic Huge Operating Shortfalls Projected
recovery remaining very Throughout Forecast Period
weak and the lack of many
General Fund (In Billions)
permanent budget solutions
$0
i n t he 2 010 ‑11 bud ge t
package, the ongoing struc‑
-5
tural deficit has not changed
much since our forecast
one year ago. The annual -10

operating shortfall peaks


at $22.4  billion in 2012‑13, -15
when the state must repay
its $2 billion Proposition 1A -20
loan related to local property
Annual Operating Shortfall
tax revenues. Thereafter, -25
Carry in Deficit From 2010-11
revenues grow a bit faster
than expenditures as the -30
state’s economic recovery 2011-12 2012-13 2013-14 2014-15 2015-16

b e c o m e s s t r o n g e r. B y
2015‑16, the annual budget (CalSTRS) estimates that it needs billions of dollars
problem is $19.4 billion. more per year in contributions—not included in our
forecast—to retire its unfunded liabilities within
Projections Likely Understate the State’s Fiscal
about 30 years and continue operations past the
Woes. We believe that our projections probably
2040s. Similarly, there are no funds assumed in
understate the magnitude of the state’s fiscal
our forecast to begin retiring the University of
problems during the forecast period. First, our
California Retirement Plan’s (UCRP) growing
forecast generally assumes no cost-of-living adjust‑
unfunded liabilities. State retiree health liabilities
ments or inflationary increases in departmental
continue to grow, driving upward the associated
budgets. Second, by including only current-law
General Fund expenditures. The Legislature took
expenditures, our forecast does not include funding
action earlier this year to modify state pension
to address a number of large liabilities that pose a
programs, providing some budget relief now and
risk to future state finances, as discussed below.
greater relief in the future. The unfunded liabilities
of state retirement systems, however, loom over the
Massive Liabilities Growing. Unfunded
state’s budget prospects. Left unaddressed in the
actuarial accrued liabilities in pension and retiree
near term, costs to service CalSTRS, UCRP, and
health funds for state employees, teachers, and
retiree health liabilities will only grow, burdening
university employees now total $136  billion.
future Californians more and more and requiring
(Possible upcoming actions by the state’s two largest
even harder decisions about taxes and services. The
pension systems to lower their assumed annual rates
state should look for ways to address these problems
of investment return would expand this number.)
soon, to avoid passing these huge obligations to
The California State Teachers’ Retirement System
future Californians.

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California’s Fiscal Outlook

MULTIYEAR APPROACH TO ongoing deficit, the Legislature should minimize


the use of risky budget solutions that contribute to
BALANCE THE BUDGET… year-end deficits. Instead, budget solutions need
to be real—by which, we mean those that have a
BEGINNING NOW high probability of achieving budgeted savings.
Current Budget Problems Hinder Ability to The Legislature can maximize the probability of
Plan for the Long Term. As discussed throughout achieving solutions by passing budgets on time
this report, California faces immense short-term (preferably early) and, in the case of spending
budget problems and perhaps even more troubling reductions, providing specific direction and
longer-term fiscal challenges. Without immediate authority to the administration in well-crafted
action to begin tackling the structural deficit for legislation on how reductions are to be realized.
the long term, the state may not be able in the
foreseeable future to move beyond its current Revenues Need to Be Part of the Mix. Just as
stumble from one terrible budget problem to the the Legislature will have to prioritize its spending
next. As such, it will continue to be difficult for the commitments in order to address the ongoing
state to address fundamental public sector goals— deficit, it will need to examine the revenue side of
such as rebuilding aging infrastructure, addressing the ledger. There are several specific revenue policy
massive retirement liabilities, maintaining service areas that the Legislature should consider, such as:
levels of high-priority government programs, and
improving the state’s tax system. • Tax Expenditure Programs. Through tax
expenditure programs—special credits,
Not Possible to Solve the Whole Problem in deductions, and exemptions—the state
One Year. In a state as complex as California, with provides subsidies to certain groups or
an economy as weak as the one we have right now, individuals in ways that often have not
it is not possible to solve this $20 billion ongoing been shown to be cost-effective. Their
budget problem all at once. The solutions necessary modification or elimination raises revenues
to address the whole problem are probably not without having to increase marginal tax
obtainable in the current environment. Instead, rates.
this problem will take several years to solve. Sound
financial planning requires that the state’s leaders • In c re a s i ng C h a r ge s fo r P rog ra m
agree now to a broad framework for a multiyear Beneficiaries. The Legislature should also
approach to tackling the stubborn budget problem. look to increasing charges in those cases
where the costs of state programs currently
Multiyear Approach Requires Real Budget supported by the General Fund can appro‑
Solutions. The current fiscal year is the third priately be shifted to specific beneficiaries.
consecutive one that will end with a General Fund
deficit. Key contributors to year-end deficits have • Extending Certain Temporary Tax
been enacted budget solutions that have not been Increases. The Legislature may also have
achieved. For example, earlier in this chapter we to revisit some of the temporary tax
discussed a net $3 billion of 2009‑10 and 2010‑11 increases that are set to expire by the end
expenditure solutions that are unlikely to be of 2010-11. We think the best candidates
achieved. Year-end deficits have to be “carried in” to for extension would be the vehicle license
the next fiscal year and make the task of balancing fee, where a good policy case can be made
the next year’s budget much more difficult. To to tax vehicles at a rate similar to all other
make progress over several years in tackling the property, and the dependent exemption
credit, where the current level is more

10 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

consistent with the practice of almost all Given our forecast of a $25  billion budget
other states. problem in 2011‑12, we suggest that the Legislature
and the new Governor target $10  billion of
• Reconsider the Optional Single Sales permanent budget solutions in 2011‑12 and
Factor. The Legislature may wish to $15  billion of temporary budget solutions. This
reexamine some corporate tax provisions, would be a “down payment” on the multiyear
such as the existing option of multistate approach to ending California’s structural deficit.
companies to switch annually between
the new “single sales factor” method In a Multiyear Approach, More Permanent
of profit apportionment and the state’s Solutions Each Year. Figure  3 graphically illus‑
traditional method of apportionment for trates—in very simplified form—how a multiyear
these companies. Making the single sales budget-balancing approach would work, assuming
factor apportionment mandatory, instead the accuracy of our budget deficit projections, for
of optional, for multistate companies could each fiscal year:
increase General Fund revenues and help
the state’s competitiveness. (For more • 2012‑13. By taking $10 billion of permanent
information, see our May 2010 report, budget actions in 2011‑12, the size of the
Reconsidering the Optional Single Sales 2012‑13 budget problem we forecast might
Factor.) be reduced from $22 billion to $12 billion.
In 2012‑13, the Legislature could address the
Both Permanent and Temporary Budget budget problem with about $3 billion of new
Solutions Are Needed in 2011‑12. The basic additional permanent actions (or the growth
framework we suggest for policy makers to balance in savings from previously adopted solutions)
the 2011‑12 budget would involve a mix of: and $9 billion of temporary actions.

• Permanent, real and


Figure 3
ongoing expenditure
reductions and Multiyear Approach Could Involve Mix of
revenue increases. Permanent and Temporary Solutions
General Fund Budget Solutions (In Billions)
• Temporary budget
solutions, such as $30
Addressed by Prior Permanent Actions
short-term revenue Temporary Budget Actions
or expenditure 25 Permanent Actions
changes, asset
sales, special fund 20
loans and transfers,
extended state 15
employee furloughs
Balanced
or persona l leave Budget
10
programs, and delays
i n lower-pr ior it y
5
bond-financed infra‑
structure projects.
2011-12 2012-13 2013-14 2014-15 2015-16

Legislative Analyst’s Office www.lao.ca.gov 11


California’s Fiscal Outlook

• 2013‑14. Adding together the effects of the Naturally, the real work of balancing the budget
permanent budget-balancing actions in would not be this simple. This scenario assumes
2011‑12 and 2012‑13, the budget problem that our revenue and expenditure forecast assump‑
we forecast for 2013‑14 could be reduced tions are correct, ignores the interaction between
from $20 billion to around $7 billion. The any increased revenues and Proposition 98 funding
Legislature could address this problem with requirements, and assumes that no temporary
$3  billion of new additional permanent budget-balancing actions—such as borrowing—
actions and around $4 billion of temporary increase costs (and deficits) in later years. The basic
actions. concept we offer, however, is that the Legislature
can earnestly “chip away” at the budget problem,
• 2014‑15. The prior permanent budget but only by beginning to enact permanent and real
actions would reduce the 2014‑15 budget solutions to reduce spending and increase revenues.
problem from $20  billion to about
$4  billion. Roughly another $3  billion of The solutions needed to balance the budget
new, permanent budget actions could be will mean unavoidably painful sacrifice by today’s
adopted, along with $1 billion of temporary Californians. The benefit of this sacrifice would
solutions. be putting the state on a sound fiscal footing. That
sound footing may allow future Californians to live
• 2015‑16. In this simplified scenario, there in a place where the annual state budget process is
would no longer be a structural deficit a chance to improve government’s ability to serve
facing the state in 2015‑16 due to the its residents.
accumulated effects of the permanent
budget actions passed in the previous four
years.

12 www.lao.ca.gov Legislative Analyst’s Office


Chapter 2

Economy, Revenues, and


Demographics
THE ECONOMIC OUTLOOK The U.S. Economy
Slower Recovery Than Previously Expected.
The National Bureau of Economic Research Our recent economic forecasts already assumed
has determined that the national recession that a slow recovery, compared to past economic
began in December 2007 ended in June 2009. It was rebounds. Following the deep 1981‑82 recession,
the longest recession since World War II and the for example, the U.S. economy bounced right
most severe downturn since the Great Depression back—with real gross domestic product (GDP)
The 2007-2009 recession was precipitated by growing 4.5  percent in 1983 and 7.2  percent in
the implosion of overheated housing markets in 1984. Our updated forecast, by contrast, assumes
California and throughout the United States, the that real GDP growth will be 2.6 percent in 2010,
resulting balance sheet deterioration of financial 2.2 percent in 2011, and no higher than 3.1 percent
firms and households, and the near collapse of in any of the years between now and 2016.
world credit markets. (Figure 2 [see page 15] summarizes our forecasts of
quarterly changes in GDP.) Unemployment—now
California’s recession started even earlier than 9.6 percent nationally—is forecast to remain above
the nation’s and was deeper. Unemployment in the 9  percent through 2012. Our forecasts of U.S.
state—under 5 percent as recently as 2006—has economic growth in 2011 and 2012 are somewhat
topped 12 percent for over a year now, as 1.4 million lower than our forecasts from the past year.
jobs have disappeared. In 2009, personal income in
California dropped 2.4 percent—the first annual What Is Causing the Slow Recovery? The slow
decline since 1933. recovery results from a combination of (1) excess
inventories of residential and commercial real
Slow Recovery Expected to Continue. The estate, (2) severely depressed economic confidence
latest evidence suggests that the state and national among both individuals and firms, and (3) for many
economies continue their very slow recovery consumers, a considerably weakened financial
from this staggering economic drop-off. Our capacity to spend and invest. Consumers are
economic forecast—summarized in Figure  1 attempting to restore their personal finances amidst
(see next page)—generally reflects the current the weak labor markets and diminished housing
consensus that the state and national economies wealth. Credit remains very tight. While businesses
will continue to recover slowly and sluggishly in have been spending more in recent quarters to
the coming years. address equipment, software, and other needs
they deferred during the recession, they remain

Legislative Analyst’s Office www.lao.ca.gov


California’s Fiscal Outlook

very reluctant to hire. The construction industry the consensus view that a double-dip recession will
remains flat on its back—with few immediate not occur. While employment, personal income,
prospects—due to the massive fall in residential output, and housing permit growth, among other
and commercial real estate markets. While massive measures, are very weak by historical standards
fiscal stimulus from the federal government helped during a recovery, they are not shrinking. Similarly,
cushion the fall, the 2009 stimulus program while we expect low inflation through 2015-16, we
spending will taper off in the coming quarters, and do not forecast a period of deflation in the U.S.
the likelihood that Congress will enact additional economy. In large part, our economic outlook
fiscal stimulus appears remote. The Federal Reserve reflects the view that some key economic measures
continues to take actions to stimulate the economy, (such as construction activity) have fallen so far that
but, with interest rates already at very low levels, there is little room to fall even more.
its ability to achieve much in this regard is limited.
The California Economy
“Double-Dip” Recession Not Likely. While Employment Losses Subsiding. While U.S.
our economic and revenue forecasts reflect very employment has dropped about 5  percent since
modest assumptions about near-term growth, they 2007, employment in California has declined
are by no means a worst-case scenario. A minority 9 percent (1.4 million jobs). In 2010, however, the
of economic commentators have suggested that a level of job losses in the state has been subsiding—
double-dip recession—another period of dimin‑ a trend we expect to continue. We forecast that
ished economic output—is possible due to the California will begin to experience a net increase
coming declines of federal economic stimulus, in employment again in early 2011, causing
continued weakness in consumer spending, unemployment to creep below 12 percent later in
turmoil in the world’s sovereign debt and currency the calendar year. We expect employment in the
markets, and other factors. Our forecast reflects state to grow by only about 100,000 jobs during

Figure 1
The LAO’s Economic Forecast
(November 2010)
Forecast
Actual Estimated
2009 2010 2011 2012 2013 2014 2015 2016

United States
Percent change in:
Real Gross Domestic Product -2.6% 2.6% 2.2% 3.1% 2.9% 2.8% 3.1% 2.8%
Personal Income -1.7 2.8 3.2 3.9 4.3 5.5 5.4 5.7
Wage and Salary Employment -4.3 -0.5 0.9 2.2 2.2 1.5 1.4 1.2
Consumer Price Index -0.3 1.6 1.6 1.9 2.0 2.1 2.1 2.1
Unemployment Rate (percent) 9.3 9.7 9.6 9.1 8.3 7.9 7.3 6.9
Housing Permits (thousands) 554 596 789 1,243 1,465 1,565 1,689 1,686
California
Percent change in:
Personal Income -2.4 2.8 3.5 4.3 4.8 5.7 5.9 5.7
Wage and Salary Employment -6.0 -1.7 0.7 2.2 2.4 1.8 2.0 1.3
Consumer Price Index -0.4 1.6 1.6 1.9 2.0 2.1 2.1 2.1
Unemployment Rate (percent) 11.4 12.5 11.9 10.5 9.1 8.2 7.1 6.6
Housing Permits (thousands) 34 42 67 79 99 113 121 121

14 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

2011—a slower level of job growth for the year than expects housing permits to continue to grow
in any of our recent forecasts. In 2012, we project slowly. Commercial building also continues to
slow employment growth
in the state, a trend that Figure 2
should keep unemployment
Modest Growth Expected During Recovery
at or above 10  percent for
much of that year. Growth (Percent Change From Prior Quarter [Annual Rate]
in later years also remains U.S. Real Gross Domestic Product)
fairly sluggish, as shown in 6%
Figure 3. Total employment in Forecast

California does not return to 4

its 2007 pre-recession levels in


2
our forecast until 2016.
0
Housing Weakness Casts
Formidable Shadow Over -2
Economy. The main cause
of the economic implosion -4
of recent years has been
the housing market. For -6

now, at least, the collapse


-8
of California’s residential
housing sector appears to 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
have ended. As depicted
in Figure  4 (see next page),
however, our forecast for Figure 3
California housing prices
Slow Employment Growth Expected
shows a very weak recovery—
with minimal average gains Percent Change in California Average Annual Employment
in prices through 2016. While 6%
house prices now are more Forecast
affordable—particularly in 4
light of low mortgage interest
rates—credit remains very 2
tight. A large (but difficult to
measure) “hidden inventory” 0
of homes in default or facing
foreclosure heavily inf lu‑ -2
ences our forecast. While
residential building permits -4
are up in 2010, they are still
below 2008 levels—which, -6
at the time, was the worst
year in recent memory. Our -8
forecast, as shown in Figure 1, 1991 1996 2001 2006 2011 2016

Legislative Analyst’s Office www.lao.ca.gov 15


California’s Fiscal Outlook

be exceptionally weak. For all of these reasons, Figure  6 (see page 18) shows the differences
California’s construction sector—having endured between our forecasts of 2009‑10 and 2010-11
a crushing 40  percent employment decline since revenues, as compared with those assumed in the
2007—is not on track to regain its pre-recession 2010-11 budget package. For 2009-10 and 2010-11
strength in the foreseeable future. combined, we now project that the big three and
other revenues will be $447  million below the
Personal Income Poised to Rise With Job budget package assumptions. In addition, due to
Growth. As job growth resumes, personal income our assumption that passage of Proposition  22
in the state rebounds in our forecast—first, fairly will prevent the borrowing of some transportation
slowly in 2011 and 2012, and then with some funds, our net transfer and loans forecast is
increasing strength thereafter. By 2014, we expect $378 million lower. In total, for 2009-10 and 2010-11
annual personal income growth for California in the combined, our revenue and transfer forecast is
5.7 percent to 5.9 percent range—a level consistent $826  million below that assumed in the 2010-11
with what we would consider a healthy growth rate budget package.
for the state in the long run. Gradually climbing
interest rates contribute to much stronger growth Personal Income Tax
in dividends, interest, and rent income in the later End of Temporary Tax Increases Affects
years of our forecast. Government benefits also grow 2011-12 Forecast. We estimate that PIT revenue
in the later years of our forecast, buoyed by growth will increase from its 2009-10 level of $44.6 billion
in the aging “baby boom” population and, to some to $46.7  billion in 2010-11. It will then drop off
extent, the implementation of federal health care to $44.3  billion in 2011-12 as the temporary
reform. All of these factors should help households 0.25 percentage point rate increase and dependent
in California continue to repair their finances, boost credit reduction enacted in February 2009 expire
consumer confidence, and contribute to several years at the end of calendar year 2010. These temporary
of increased consumption.
Figure 4

Minimal Growth in California Housing Prices Expected


REVENUE (Blended Case-Shiller and Federal Housing Finance Agency Indicesa)
PROJECTIONS 300
Forecast
California’s General Fund 250
is supported by revenues from
a variety of taxes, fees, licenses,
200
interest earnings, loans, and
transfers from other state
funds. About 90 percent of the 150

total, however, is derived from


the state’s “big three” taxes— 100

the personal income tax (PIT),


the sales and use tax (SUT), 50

and the corporate income and


franchise tax (CT). A summary
of our revenue projections is 1987 1990 1993 1996 1999 2002 2005 2008 2011 2014

shown in Figure 5. aUses Case-Shiller data for the California metropolitan areas it covers and Federal Housing Finance
Agency data for the rest of the state. First quarter of 2000=100.

16 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

tax increases contribute over $2  billion to PIT Fund revenues. For example, for each $10 billion
revenues in 2010-11. We project PIT collections to increase in capital gains, General Fund revenues
increase steadily in the out years as the economy increase by approximately $800 million.
continues to recover, but we do not expect collec‑
tions to exceed their 2007-08 level of $54.2 billion Currently, there are two big variables that makes
until 2015-16. us particularly uncertain about capital gains. First,
there is a large stock of unused losses. Taxpayers
PIT Forecast Marked by Capital Gains, racked up far more capital losses than they could
Federal Tax Uncertainties. Capital gains are claim on returns in 2008 and probably again in
important for PIT projections because these gains 2009. Accordingly, we expect that these unused
are concentrated among taxpayers who pay the losses will hinder revenue growth for many years
highest marginal PIT tax rates. As Figure  7 (see as taxpayers use 2008 and 2009 losses to offset
page 19) shows, capital gains f luctuate wildly future gains.
relative to personal income depending on the
state of asset markets, and this always makes them Second, there is significant tax policy uncertainty
difficult to forecast. They peaked at $120 billion in at the federal level regarding congressional action on
tax year 2000 at the height of the dot-com bubble expiring tax cuts. In 2001 and 2003, lower tax rates,
but fell to $33  billion in 2002. Similarly, capital including capital gains tax rates, were adopted, and
gains peaked at $132  billion at the height of the these federal tax rate reductions are to expire this
housing bubble in 2007, only to fall to $56 billion year. Our forecast assumes that this higher federal
in 2008. We estimate that capital gains fell further tax rate on capital gains returns to its higher level
to $34 billion in 2009. Our forecast reflects modest in 2011. This would cause some taxpayers to take
future growth in capital gains through 2016 due to gains in 2010 that otherwise would be taken in 2011.
improving stock prices and slowly increasing real The actions Congress takes could affect the timing
estate values. If our forecast is off, this could have of these capital gain receipts and other economic
a significant effect on PIT collections and General and revenue variables in different ways. It seems as

Figure 5
LAO General Fund Revenue Forecast
(Dollars in Millions)
Revenue Source 2009‑10 2010‑11 2011‑12 2012‑13 2013‑14 2014‑15 2015‑16

Personal income tax $44,575 $46,731 $44,252 $47,909 $50,868 $54,072 $57,507
Sales and use tax 26,741 27,310 25,370 27,725 29,137 30,397 31,622
Corporation tax 9,500 10,418 8,567 8,125 8,531 9,255 9,963
Subtotal, “Big Three” ($80,816) ($84,460) ($78,189) ($83,760) ($88,536) ($93,724) ($99,092)
Percent change 5.4% 4.5% -7.4% 7.1% 5.7% 5.9% 5.7%
Insurance tax $2,020 $2,033 $2,060 $2,093 $2,129 $2,168 $2,223
Vehicle license fee 1,380 1,428 159 34 — — —
Estate tax — 850 1,838 1,988 2,150 2,325 2,515
Sales of fixed assets — 1,286 1 1 1 7 7
Other revenues 2,378 2,205 2,136 1,861 2,072 2,233 2,342
Net transfers and loans 447 1,021 -853 -1,014 -180 21 18
Total Revenues and $87,041 $93,283 $83,530 $88,723 $94,708 $100,478 $106,197
Transfers
Percent change 5.2% 7.2% -10.5% 6.2% 6.7% 6.1% 5.7%

Legislative Analyst’s Office www.lao.ca.gov 17


California’s Fiscal Outlook

though the federal tax picture will be somewhat consumers, including a significant portion on light
clearer by the time the new Governor releases his vehicles and trucks. Other important categories of
budget proposal in January. taxable sales are the purchase of building materials
involved in new construction and business–to–
Sales and Use Tax business transactions, where a business is the item’s
End of Te mporar y Ta x Inc rea se and final consumer. Taxable sales in California appear
Proposition 26 Af fect 2011-12 Forecast. In to have hit bottom in the second half of 2009, and
2010-11, we expect SUT receipts of $27.3  billion, are bouncing back.
a 2.1  percent increase over the prior year. The
1 percent temporary SUT rate increase adopted As shown in Figure  8, overall consumer
in 2009—which contributes $4.7  billion of SUT spending remains low relative to the levels of
revenue in 2010-11—will expire on June 30, 2011. recent decades, when viewed as a percentage
For 2011-12, SUT revenues are projected to fall to of personal income. It appears there has been a
$25.7 billion, reflecting the net effect of this rate long-term trend toward lower taxable sales, relative
drop, projected growth in the SUT taxable sales to personal income, which has been influenced
base of nearly 7 percent, and our assumption that by: (1) the major recessions of the early 1990s and
voter approval of Proposition 26 on November 2, 2007-2009; (2) a trend toward more consumption
2010 will undo the “fuel tax swap” adopted earlier of nontaxable services and other products (such as
this year. Under the terms of that measure, the those purchased online, for which the collection
gasoline sales tax is reinstated in November 2011, of sales and use taxes is more difficult); and
thereby also increasing General Fund spending (3) increased household savings, particularly in the
on transportation. After 2011-12, taxable sales are last few years.
expected to grow by 4 percent to 7 percent annually.
Corporate Tax
Taxable Sales Bottomed Out Last Year and Corporate Tax Forecast to Bottom Out in
Now Are Recovering. The main determinant of 2012-13 Before Rebounding. The CT receipts for
SUT receipts is taxable sales. About two-thirds 2009-10 are estimated to have totaled $9.5 billion,
of taxable sales result from retail spending by virtually unchanged from the previous fiscal

Figure 6
November 2010 LAO Revenue Estimates
Compared With 2010-11 Budget Package
(General Fund, In Millions)
2009‑10 2010‑11
LAO LAO
November Budget November Budget
Revenue Source Forecast Package Difference Forecast Package Difference

Personal income tax $44,575 $44,820 -$245 $46,731 $47,127 -$396


Sales and use tax 26,741 26,618 123 27,310 27,044 266
Corporation tax 9,500 9,275 225 10,418 10,897 -479
Subtotal, “Big Three” ($80,816) ($80,713) ($103) ($84,460) ($85,068) (-$608)
Other revenues $5,778 $5,760 $18 $7,802 $7,762 $40
Net transfers and loans 447 447 — 1,021 1,399 -378
Total Revenues and $87,041 $86,920 $121 $93,283 $94,230 -$947
Transfers

18 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

year. Due to the slow recovery and policy changes have been a significant reduction in CT receipts in
enacted by the Legislature, we project CT receipts 2009-10. Recent tax policy changes also will boost
will fall sharply in 2011-12 and 2012-13. The receipts in 2010-11 by increasing collections by a
tax bottoms out in 2012-13
at around $8  billion before Figure 7
rebounding back to around Capital Gains Expected to Grow Slowly
$10 billion by 2015-16.
Capital Gains as Percent of Personal Income
Corporate Profit Rebound 12%
Does Not Necessarily Translate
Into Higher Revenues. The Forecast
10
main factor underlying CT
receipts is the level of corporate
profits that California taxes. 8
California’s corporate profits,
in turn, reflect the economic 6
conditions facing Californians,
as well as national and interna‑
4
tional economic conditions.
At times, higher profits do not
fully translate into higher CT 2
receipts because these higher
profits also make it possible for
businesses to use more deduc‑ 1990 1995 2000 2005 2010 2015
tions and credits. Precise data
on California taxable profits Figure 8
for 2009 and 2010 are not yet
Taxable Sales Depressed as Consumers Save More,
available, but our forecast
assumes that corporate profits Spend Less
hit bottom in 2008-09 and (As Percent of California Personal Income)
rebounded rapidly in 2009-10. 45%
Profits in the final years of Forecast
43
our forecast grow at about
5 percent each year. 41

39
Policy Changes Reduce
37
Long-Term Revenues. Policy
changes made over the past 35

few years have significant 33


impacts on corporate tax 31
receipts over the forecast
29
period. As shown in Figure 9
(see next page), increases of CT 27

receipts due to policy changes 25


negated what otherwise would 1990 1995 2000 2005 2010 2015

Legislative Analyst’s Office www.lao.ca.gov 19


California’s Fiscal Outlook

net amount of around $1 billion. For the remainder These changes, collectively, are estimated to
of the forecast period, however, these same policy bring in around $1.2 billion in 2010-11 but
changes diminish CT receipts by between $1 billion have the effect of decreasing CT revenues
and $2 billion each year. The major policy changes after 2011-12.
affecting the forecast include:
· Expanded Credit Use. Recent legis‑
lation also affected the use of tax credits.
· Changes in Multistate Business Taxation.
Changes in this area include the creation
The elective single sales factor—the new
of new temporary tax credits for qualified
option for businesses to annually choose
employment and film production. Also,
which method is used to determine
credits are now easier to use under a law
California taxable income—and associated
that allows transfers of certain credits
tax law changes are estimated to reduce
between companies that are treated as
General Fund CT revenues by up to
parts of a single unit for tax purposes.
$1 billion per year within a few years.
These changes reduce revenues by up to
· Revenue Accelerations. The Legislature $500 million per year throughout the
has enacted several measures over the last forecast period.
couple of years that will allow the state to
collect revenues earlier and delay the use of Other Revenues and Transfers
tax deductions or credits. The accelerations Estate Tax Highly Uncertain and Could Swell
include the suspensions, for 2008 through 2011-12 Problem by $2.7  Billion. Above, we
2011, of larger businesses’ use of net discussed how congressional action in the coming
operating loss deductions. Recently enacted months could affect capital gains and PIT receipts. In
penalties on corporate taxpayers who are addition, congressional action or inaction on estate
found to have significantly underpaid their taxes could significantly affect the state’s ability to
taxes also serve to
accelerate CT collec‑ Figure 9
tions. This occurs Recent Corporate Tax Changes Help Short-Term
as businesses try to Revenues, But Hurt Longer Term Fiscal Outlook
avoid the penalties by
(In Billions)
paying upfront some
of the tax they might $12
have been forced to Forecast

pay later following 10

an audit. In addition,
legislation limited the 8

amount of tax credits


a corporation could 6

use in 2008 and 2009 Baselinea


4
to 50  percent of its Current law LAO forecast
tax liability for those
2
years. This boosted
near-term receipts
but leads to increased
2008-09 2010-11 2012-13 2014-15
use of those credits
aBaseline revenues exclude policy changes made by the state since 2008.
in 2010 and beyond.

20 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

receive any of the $850 million of current-law estate and the Orange County Fairgrounds proceed
tax receipts we project for 2010-11 (a half-year of as planned, our forecast projects $1.3  billion of
receipts), as well as around $2  billion of annual one-time General Fund revenue in 2010-11. This
receipts in each subsequent year of the forecast. As total is about $100  million higher than assumed
we discussed in prior reports, a 2002 federal law in the 2010-11 budget package.
phased out estate taxes so that, by 2010, the estate
tax was eliminated entirely. In 2011, this provision End of Temporary Vehicle License Fee (VLF)
sunsets so that estate tax laws revert back to 2001 Increase Affects 2011-12 Forecast. The temporary
law—which means that tax rates would return to VLF increase enacted as part of the 2009-10
2001 levels and the state pickup tax is restored. budget package expires at the end of 2010-11. This
This pickup tax reduces federal estate taxes by the temporary increase generates $1.4 billion of revenue
amount of state taxes levied on each estate, up to a for the General Fund in 2010-11. Thereafter, the
certain level. As a result, many states—including General Fund VLF rate declines again to zero
California—set state tax levels at the maximum in our forecast, although small amounts of VLF
exemption level under federal law. There have been payments trickle in during subsequent fiscal years
considerable efforts in recent years to change this due to late payments. Figure  10 summarizes the
current federal law to permanently limit both the VLF and other revenues that the state has received
federal and state estate tax. If Congress were to act from the temporary tax package.
to change the federal law, it appears there is a good
chance the pickup tax exemption would not be Special Fund Loans Dominate the General
restored. In this event, the 2011-12 budget problem Fund Transfers Forecast. In addition to tax, fee,
would increase by $2.7  billion (recognizing the and other revenues, the General Fund receives
effects of both the half-year projected estate tax transfers from the state’s special funds and transfers
receipts of $850  million in 2010-11 and the first money out to those same special funds. During
full year of receipts projected to be $1.8 billion in the forecast period, the state’s transfers are to be
2011-12). Later budget problems would grow by dominated by loans received from special funds (the
up to $2 billion per year above our forecast. (These major component of the $1.4 billion of net transfers
amounts do not account for any Proposition 98 assumed in the budget package for 2010-11) and
interactions.) loan principal repayments back to special funds
($853  million of projected net transfers out in
Fixed Asset Sales Slightly Above Enacted 2011-12, $1 billion in 2012-13, and $180 million in
Budget Forecast in 2010-11. Assuming that 2013-14). Our forecast assumes that approval of
recently announced sales of state office buildings Proposition  22 on November 2, 2010 eliminates
the possibility of the state
borrowing $378  million
Figure 10 of funds from transpor‑
Estimated Revenues From Temporary Tax Increases tation accounts assumed
Enacted as Part of the 2009‑10 Budget Package in the 2010-11 budget
(In Billions) package. This reduces net
2008‑09 2009‑10 2010‑11
transfers and loans in
2010-11 to $1 billion in our
Sales and use tax—1 percentage point increase $1.1 $4.4 $4.7 projections.
Personal income tax—dependent credit decrease 0.1 1.2 1.1
Personal income tax—0.25 percentage point increase 0.8 1.8 1.0
Vehicle license fee—0.5 percentage point increase 0.2 1.4 1.4
Totals $2.2 $8.7 $8.3

Legislative Analyst’s Office www.lao.ca.gov 21


California’s Fiscal Outlook

DEMOGRAPHIC depress net international migration into California


for the next several years. Births increase slowly
PROJECTIONS as women continue to delay childbirth until later
ages. Accordingly, as shown in Figure 11, our office
Department of Finance (DOF) Population estimates that total annual population growth in
Estimates Differ From Census Estimates. The DOF California will be 0.55 percent in 2010 and projects
estimates that California’s July 1, 2009 population that population growth will be under 1  percent
was 38.5  million and that the state’s population annually through 2015.
increased by 1  percent (or greater) in each year
between 2001 and 2008 and by 0.93  percent in Baby Boomers Will Swell Over-65 Population.
2009. By contrast, the Census Bureau—in its annual Baby boomers born immediately after the end of
estimates released prior to next year’s release World War II began to reach the age of 65 earlier
of 2010 Census data—believed that California’s this year. As this huge population cohort continues
July 1, 2009 population was 37.0  million. The to reach this age, this group will swell in the coming
Census estimates differ from DOF’s because they years. We project the over-65 population generally
assume that California’s net annual population will grow over 4 percent per year throughout our
growth rate has been somewhat under 1 percent in forecast period.
several years during the past decade. Data from the
2010 Census to be released in March 2011 should Modest Growth for K-12 and College-Age
help resolve this demographic dispute. Population Groups. Our forecast assumes the K-12
population grows by 0.2  percent or less through
Economic Downturn Probably Has Resulted 2013-14 before increasing slightly more rapidly.
in Fewer Newcomers. Relatively poor economic The 18-24 college age group is projected to increase
performance in California can make it less very modestly through 2013 before beginning to
attractive for residents of other state and countries decline thereafter. During the forecast period, this
to migrate here. Based on historical experience, our college-aged group largely consists of the offspring
population model suggests that the recent trend of the relatively small “Generation X”—those born
of Californians leaving the state probably is accel‑ in the two decades after the baby boom.
erating and will continue to do so through 2011.
At the same time, the economic downturn will

Figure 11
LAO’s California Demographic Forecasta
(In Thousands)
2009a 2010 2011 2012 2013 2014 2015 2016

Totals (July 1st) 38,488 38,699 38,863 39,137 39,453 39,803 40,191 40,643
Percent change 0.93% 0.55% 0.43% 0.70% 0.81% 0.89% 0.98% 1.12%
Change in population:
Births 553 548 527 526 534 542 549 557
Deaths -237 -236 -241 -245 -249 -253 -257 -261
Net domestic migration -173 -190 -225 -121 -98 -85 -54 -12
Net foreign migration 210 89 104 114 130 145 152 167
Net Change 353 211 165 274 316 349 389 451
a Population figures listed for 2009 reflect Department of Finance estimates, which are 1.5 million higher than U.S. Census Bureau estimates
released prior to tabulation of the 2010 Census.

22 www.lao.ca.gov Legislative Analyst’s Office


Chapter 3

Expenditure Projections
In this chapter, we discuss our General Fund Supportive Services (IHSS), and employee
expenditure estimates for 2009‑10 and 2010‑11, compensation—will be unable to achieve the full
as well as our projections for 2011‑12 through amount of budgeted reductions.
2015‑16. Figure 1 (see next page) shows our forecast
for major General Fund spending categories for Expenditure Growth During the
all of these years. Below, we first discuss projected Forecast Period
general budgetary trends and then discuss in more Sharp Growth in 2011‑12 as One-Time Savings
detail our expenditure projections for individual Measures Expire. In 2011‑12, our forecast shows
major program areas. General Fund spending climbing by 11 percent.
This is principally the result of billions of dollars of
one-time saving measures expiring. For example,
Medi-Cal expenditures will increase by about
GENERAL FUND $5 billion—the majority of this is due to expiring
federal funds.
BUDGET TRENDS
Lower Growth Projected After 2011‑12. Our
2010‑11 Outlook forecast shows General Fund spending growing
General Fund expenditures in 2010‑11 are by 8.2 percent in 2012‑13, 3.6 percent in 2013‑14,
billions of dollars below their normal levels due 4.8 percent in 2014‑15, and 4.1 percent in 2015‑16.
to one-time or temporary actions, including As shown in Figure 1, this equates to an average
(1) billions of dollars in federal stimulus funds annual growth rate of 5.2 percent between 2011‑12
received, (2) suspension of Proposition  98, and 2015‑16—slightly higher than the forecasted
and (3) funding shifts to non-General Fund rate of personal income growth in the state
sources. However, General Fund expenditures are during that period. The period is characterized
forecast to increase from $87  billion in 2009‑10 by consistently high rates of growth in two areas
to $92.5  billion in 2010‑11—an increase of that represent over half of the General Fund
6.3 percent. This is much more than the budgeted budget in 2015‑16: (1)  Proposition  98 spending
increase of 0.2 percent that was expected when the for K-14 education, and (2)  Medi-Cal. Although
budget was passed in October—due principally to Proposition  98 spending for K-14 education is
our projection that a significant amount (around forecasted to drop in 2011‑12, spending over the
$3.5 billion) of assumed federal funds will not be following years averages 6 percent annual growth
secured. In addition, we project that several major as the economy continues its expected recovery.
programs—such as the prison system, In-Home The largest growth in our forecast (8  percent)

Legislative Analyst’s Office www.lao.ca.gov


California’s Fiscal Outlook

occurs in Medi-Cal due to growth in caseload and


health care costs and, in the last two years of the
PROPOSITION 98—
forecast, the impact of federal health care reform. K-14 EDUCATION
The remainder of the budget is forecast to grow at
a modest 3.5 percent over the forecast period. This State budget ing for K-14 educat ion is
modest growth is due in part to the stated legislative governed largely by Proposition 98, passed by the
policy of having no automatic cost-of-living voters in 1988. The measure, later modified by
adjustments (COLAs) or inflation adjustment for Proposition  111 in 1990, establishes a minimum
programs (as discussed in Chapter 1). For instance, funding requirement, commonly referred to as
our forecast shows no growth in General Fund the “minimum guarantee,” for K-14 education.
appropriations to the universities or the courts Both state General Fund and local property tax
after 2011‑12. revenues apply toward meeting the minimum
guarantee. Proposition  98 monies support child

Figure 1
Projected General Fund Spending for Major Programs
(Dollars in Millions)
Average
Annual
Growth
Estimates Forecast
From
2011‑12 to
2009‑10 2010‑11 2011‑12 2012‑13 2013‑14 2014‑15 2015‑16 2015‑16

Education
K-14–Proposition 98 $35,669 $36,209 $34,184 $36,733 $38,847 $41,058 $43,270 6.1%
Proposition 98 QEIA and Settle-Up 300a —a 750 750 750 750 472 -10.9
CSU 2,288 2,433 2,646 2,646 2,646 2,646 2,646 —
UC 2,449 2,711 2,815 2,815 2,815 2,815 2,815 —
Student Aid Commission 1,019 1,079 1,258 1,334 1,413 1,499 1,609 6.4
Health and Social Services
Medi-Cal 10,136 12,595 17,642 18,831 20,291 22,101 23,976 8.0
CalWORKs 1,995 2,143 3,041 3,140 3,130 2,960 2,676 -3.1
SSI/SSP 2,951 2,954 3,033 3,116 3,200 3,287 3,379 2.7
IHSS 1,488 1,419 1,732 1,835 1,903 1,973 2,045 4.2
Developmental Services 2,420 2,541 3,124 3,292 3,473 3,671 3,885 5.6
Mental Health 1,666 1,837 2,142 2,193 2,247 2,305 2,367 2.5
Other major programsb 3,185 2,823 3,327 3,460 3,518 3,457 3,751 3.1
Corrections and Rehabilitation 7,718 9,281 9,034 9,124 9,371 9,546 9,792 2.0
Judiciary 419 1,649 2,016 2,013 2,012 2,012 2,012 —
Proposition 1A Loan Costs 15 91 91 1,986 — — — —
Infrastructure Debt Servicec 5,383 5,752 6,926 7,239 8,378 8,848 8,705 5.9
Other Programs/Costs 7,934 6,988 8,995 10,658 11,155 11,755 12,230 8.0
Totals $87,037 $92,505 $102,756 $111,167 $115,149 $120,683 $125,631 5.2%
Percent Change 6.3% 11.1% 8.2% 3.6% 4.8% 4.1%
a Consistent with the administration’s accounting, Quality Education Investment Act (QEIA) payments are reflected as a prior-year adjustment for
2009-10 and 2010-11.
b Assumes $500 million annually through 2014‑15 in General Fund savings from Medi-Cal 1115 Demonstration waiver. However, actual savings to
the state could be less. Allocation of savings between program areas will be determined during the implementation of the waiver.
c Includes transportation and transit debt-service offsets in 2009-10 and 2010-11. Excludes debt service funded within Propostion 98 and other
minor payments included in other departmental budgets.

24 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

care, preschool, K-12 education, and the California Legislature suspending Proposition  98 and
Community Colleges—accounting for about providing less funding than otherwise required.
70  percent of total funding for these programs. As a result of the suspension, the state created
(K-14 education funding also comes from the an out-year Proposition 98 obligation referred to
federal government, other state sources, and as a “maintenance factor.” When growth in state
various local sources.) General Fund revenues is healthier (as determined
by a specific formula set forth in the Constitution),
Calculating the Minimum Guarantee. The the state is required to provide additional funding
Proposition 98 minimum guarantee is determined (make a maintenance factor payment) to build
by one of three tests set forth in the Constitution. up K-14 funding to the level it otherwise would
These tests are based on several inputs, including have been absent the earlier reduction. In essence,
changes in K-12 average daily attendance, per capita the maintenance factor allows the state to attain
personal income, and per capita General Fund near-term savings without affecting the long-run
revenue. Though the calculation of the minimum level of K-14 support.
guarantee is formula driven, a supermajority
of the Legislature can override the formulas Proposition 98 Forecast
and provide less funding than the formulas Minimum Guarantee Drops in 2011‑12 Before
require. This happened in 2010‑11, with the Rebounding. The top part of Figure  2 shows

Figure 2
Proposition 98 Forecast
(Dollars in Millions)
2010‑11 2011‑12 2012‑13 2013‑14 2014‑15 2015‑16

Minimum Guarantee
General Fund $36,465 $34,184 $36,733 $38,847 $41,058 $43,270
Local property tax 13,193 13,272 13,598 14,014 14,559 15,231
Totals $49,658a $47,456 $50,331 $52,861 $55,617 $58,501
Percent change -4.4% 6.1% 5.0% 5.2% 5.2%
Proposition 98 “Test” 2 1 2 2 2 1
Proposition 98 Obligations
Maintenance Factor Created/Paid (+/-) $475 $3,929 -$1,229 -$463 -$392 -$611
Outstanding Maintenance Factor 9,489 13,749 12,996 13,067 13,259 13,189
Key Factors
K-12 average daily attendance -0.12% 0.14% 0.20% 0.17% 0.33% 0.50%
CCC full-time equivalent students 1.40 1.00 1.00 1.00 1.00 1.00
Per capita personal income (Test 2) 0.62 3.33 3.26 3.93 4.13 3.57
Per capita General Fund (Test 3) 5.92 -7.31 6.54 5.42 5.42 5.12
K-14 COLA -0.39 1.78 1.34 1.76 2.23 2.37
Year-to-Year Change -$1,946 $2,875 $2,530 $2,756 $2,884
Less Baseline Costs
K-14 COLA -$864 -$663 -$883 -$1,144 -$1,252
K-14 attendance -101 -124 -116 -206 -305
Backfill of one-time actions -2,272 — — — —
Funds Available/Shortfall (+/-) -$5,184 $2,088 $1,531 $1,406 $1,326
a Reflects Proposition 98 funding level specified in Chapter 715, Statutes of 2010 (SB 851, Committee on Budget and Fiscal Review).

Legislative Analyst’s Office www.lao.ca.gov 25


California’s Fiscal Outlook

our projections of the Proposition  98 minimum in the figure, the minimum guarantee would fall
guarantee throughout the forecast period. For $5.2  billion short of fully funding baseline K-14
2011‑12, we project the minimum guarantee will costs in 2011‑12. (This shortfall would be a few
be about $2 billion lower than the 2010‑11 spending hundred million dollars higher if the Legislature
level due to the expiration of tax increases that chooses to restore the California Work Opportunity
temporarily raised tax revenues in 2009‑10 and and Responsibility to Kids [CalWORKs] Stage 3
2010‑11. For the rest of the forecast period, we child care program vetoed by the Governor this
project steady increases in the minimum guarantee year.) That is, if the state funded at the minimum
of $2 billion to $3 billion each year. Local property guarantee level in 2011‑12, school districts and
tax revenues modestly grow each year of the community college districts would face significant
forecast period. In the last year of the forecast programmatic reductions. As shown in the figure,
period, we project the Proposition  98 minimum this is due to the decline in Proposition 98 funding
guarantee and local property tax revenues would in 2011‑12 coupled with the cost of backfilling for
finally be higher than their pre-recession levels. the loss of one-time 2010‑11 budget solutions. These
reductions would occur at the same time as school
Maintenance Factor Obligation Grows in districts exhaust one-time revenues from the federal
2011‑12, Remains Large Throughout Period. American Recovery and Reinvestment Act (ARRA)
Figure 2 also shows both how much maintenance of 2009 and the Education Jobs and Medicaid
factor is created or paid in each year of the forecast Assistance Act of 2010. In every subsequent year
period and the total amount of outstanding of the forecast period, the minimum guarantee
maintenance factor. As shown in the figure, funding level would be sufficient to cover growth
we estimate the state will have an outstanding and COLA and still have $1 billion to $2 billion to
maintenance factor obligation of $9.5  billion at restore prior budget reductions. By 2015‑16, the
the end of 2010‑11. Using the same maintenance minimum guarantee would grow to sufficient levels
factor assumptions as used to build the last that all growth and COLA costs could be paid and
three Proposition  98 budgets, $4  billion in new any reductions made in 2011‑12 could be restored.
maintenance factor would be created in 2011‑12— Funding would be insufficient, however, to restore
resulting in a total outstanding obligation of reductions made in 2008‑09, 2009‑10, and 2010‑11.
about $14  billion. During the remainder of the
forecast period, the state would make relatively Settle-Up Assumed to Be Paid in Installments
small maintenance factor payments each year. Throughout Forecast Period. For 2009‑10, the
Because maintenance factor obligations grow (akin state provided $1.8 billion less than the minimum
to an inflationary adjustment) and the required guarantee—creating a “settle-up” obligation of
payments are small, we project the state would that amount. Additionally, for 2010‑11, we assume
end the forecast period still having an outstanding a new $256 million settle-up obligation is created
maintenance factor obligation of more than as a result of the Governor’s veto of Stage 3 child
$13 billion. care funding (consistent with the administration’s
intent). The 2010‑11 budget contained a $300 million
Baseline Costs Much Higher Than Available first payment toward retiring the 2009‑10 settle-up
Resources in 2011‑12, Can Be Covered Thereafter. obligation. Consistent with this action, we assume
The bottom part of Figure 2 compares our projection the state continues to make $300 million annual
of the year-to-year change in the Proposition  98 payments throughout the forecast period—fully
minimum guarantee with the amount needed to retiring the settle-up obligations in the last year
fund annual increases in baseline costs. As shown of the forecast.

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California’s Fiscal Outlook

Major Proposition 98 Issues payment deferrals would translate into K-14 cuts
We believe the Legislature should be mindful almost double the level otherwise needed in
of several major issues as it begins to develop a 2011‑12. Given most districts have been cautious
Proposition  98 budget strategy for the coming in increasing 2010‑11 program support as a result
fiscal year. of the recent deferrals and some districts have
been unable to access cash sufficient to support
Unresolved Maintenance Factor Issues Quickly new spending paid for by the new deferrals, many
Reemerge. As we discussed in our Analysis of the districts would not be significantly impacted
2010‑11 Budget: Proposition 98 and K-12 Education, in 2010‑11 if the new deferral payments were
conflicting interpretations of the constitutional eliminated. In essence, rather than encouraging
provisions of Proposition  98 led to uncertainty school districts to hire new staff for half of the
over the amount of maintenance factor owed at 2010‑11 school year merely to have the new staff
the close of 2008‑09. Specifically, disagreement and even more existing staff laid off next year,
existed regarding whether a maintenance factor the state would be encouraging school districts to
was created when Test 1 applied and was lower retain their existing staff levels and plan for fewer
than Test  2. The 2009‑10 Budget Act resolved layoffs next year. Such action would help minimize
the issue by declaring that a maintenance factor the funding cliff that could result next year.
obligation was created in 2008‑09. Current law,
however, does not clarify how this situation should Relying on More Deferrals Increasingly
be addressed in future years. In our forecast, this Problematic. Including the recent deferrals,
particular scenario reemerges in 2011‑12, with the 17  percent of K-14 program support is paid
state potentially creating a maintenance factor using funds borrowed from the next fiscal year.
obligation of $4 billion in 2011‑12. (As indicated In monetary terms, the first $8.2  billion in
above, our forecast assumes a maintenance factor Proposition 98 funds the state provides each year
is created.) Differences of opinion also exist with is paying for K-14 services that local educational
regards to how maintenance factor payments agencies already have provided. Though districts
should be calculated (either on top of the Test  2 are assumed to front the cash to support programs
level or the Test 1 level, if higher). This particular until the state makes payment, some local
scenario reemerges in 2012‑13, with an impact of educational agencies (particularly small districts,
about $900  million. (Our forecast assumes the districts with negative budget certifications, and
lower Proposition 98 estimate, consistent with the charter schools) have had notable difficulty and/
manner in which the minimum guarantee was or have not been able to front the cash. As a
calculated in the 2009‑10 and 2010‑11 budgets.) result, for these agencies deferrals increasingly are
translating into de facto cuts. For most districts,
Potential Reductions on Horizon Suggest big and small, cash management has become an
Rethinking Recent Deferrals. Given the potentially increasingly significant issue, with Fiscal Crisis and
sizeable drop in the minimum guarantee next year Management Assistance Teams reporting that the
(absent legislative action to add new revenues), bulk of its district support is now devoted to cash
one action the Legislature could take early in flow management. These issues also are affecting
the upcoming budget cycle is eliminating the the number of districts with negative or at-risk
$1.8 billion in K-14 payments deferred until July budget certifications, with 123 school districts in
2011. (As part of the 2010‑11 budget package, the 2007‑08 identified as having these certifications
state authorized 2010‑11 spending using funds compared with 174 districts in 2009‑10. Negative
borrowed from 2011‑12.) With the projected drop certifications in particular can make district
in the 2011‑12 minimum guarantee, the recent borrowing significantly, if not prohibitively, more

Legislative Analyst’s Office www.lao.ca.gov 27


California’s Fiscal Outlook

expensive. For all these reasons, the Legislature may providing automatic COLAs. This amount is
want to avoid adopting new inter-year deferrals as somewhat higher than state spending in 2010‑11,
part of its 2011‑12 budget strategy as well as monitor which takes advantage of one-time federal stimulus
district health to determine if more districts could funds that offset state costs. We discuss the stimulus
need an emergency state loan in 2011‑12. funds in more detail below.

Help Districts by Maximizing Flexibility and “Tidal Wave II” Is Over. Beginning in the 1990s,
Sending Signals Early. Though the state might not sustained growth in the traditional college-age
be able to provide monetary relief to distressed population created ongoing enrollment pressures
districts, the Legislature can help school districts in higher education. This demographic bulge has
and CCC districts in various ways. Among the most been popularly known as Tidal Wave II (following a
notable ways are by retaining existing flexibility larger demographic surge in the 1960s). While there
provisions, extending some of those provisions, was some disagreement over the magnitude of Tidal
and exploring new types of flexibility. Over the Wave II, by all accounts the demographic growth
last couple of years, districts have reported relying has plateaued and the college-age population will
heavily on these flexibility provisions to meet actually be declining in the latter years of the
critical local needs and balance their budgets. In forecast. Already the annual number of high school
general, these flexibility measure expire at the end graduates has begun to shrink.
of 2012‑13; yet, under state law, districts currently
need to project costs through 2013‑14 for budgeting Enrollment demand at the universities results
purposes. Thus, another way the Legislature could not just from the size of their eligibility pools, but
help districts is by beginning to think about what also on the percentage of eligible individuals who
flexibility rules it wants in place come 2013‑14. The seek admission. We are unable to project changes
Legislature might want to consider fundamental in this latter factor. We assume, however, that the
school finance reform that could take a couple shrinking eligibility pool would generally cancel
years to develop. Starting these conversations now out the effect of a modest increase in the demand
will better position both the state and districts for rate. For this reason, we assume no increase in
whatever transition might happen in 2013‑14. university enrollment during the forecast period.

Fees Projected to Continue Rising. A significant


portion of core operating costs at the universities is
HIGHER EDUCATION covered by student fees. The state has no expressed
policy for annual adjustments to these fees, which
In addition to the community colleges (which are set by the universities’ governing boards. In
are discussed above as part of the Proposition 98 recent years, the universities have generally raised
forecast), the state’s public higher education entities fees at double-digit rates in order to compensate
include the University of California (UC), the for limited state funding. This pattern, as well as
California State University (CSU), the California statements by the universities, suggests that student
Student Aid Commission (CSAC), and the fees will continue to increase for the next few years.
California Postsecondary Education Commission. Any fee increases could be used to cover new costs—
such as inflation and expansion of institution-based
UC and CSU Expenditures financial aid programs—that are not accounted for
Our forecast assumes the universities’ annual
in our General Fund forecast. Expanded federal,
operating costs will be roughly even at about
state, and institutional student aid programs will
$5.5 billion over the course of the forecast period.
offset a significant proportion of fee increases,
This reflects our overall forecast approach of not
particularly for lower-income students.

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California’s Fiscal Outlook

Federal Funds Provided One-Time Budget · How Much Should Students Pay? As
Solution. The Governor’s 2010‑11 budget noted above, the universities are likely to
proposal included $305 million in General Fund be increasing student fees at double-digit
augmentations to restore prior-year cuts of the annual rates for at least the next several years.
same amount at UC and CSU. The Legislature Not only does this affect the cost of education
instead approved General Fund augmentations for students, it also increases state costs for
of $199 million, and appropriated $106.6 million the Cal Grant financial aid programs. The
for each university system in one-time federal Legislature may wish to provide direction
stimulus funding. Our forecast assumes that this to the universities with regard to the share
federal funding is replaced with base General Fund of education cost that non-needy students
support starting in 2011‑12. should be expected to pay.

UC Restarting Contributions to Retirement · How Should the Universities Reduce


Program. For close to two decades, neither the state Operating Costs? In a reversal of earlier
nor UC employees have made contributions to the budget reductions, the universities in
UC Retirement Program (UCRP). This is because, 2010‑11 are receiving more total funding
until recently, UCRP investments were sufficient per student than they were before the
to cover the retirement cost obligations for UC current recession began. Given the
employees. This is no longer the case, and UC likelihood of continuing state budget
has re-instituted employee payroll contributions constraints for the next several years, it may
toward the UCRP. Meanwhile, as part of the be necessary for the universities to reduce
2009‑10 budget package, the Legislature adopted their per-student costs. The Legislature may
statutory language declaring its intent that no wish to express expectations with regard
new General Fund augmentations would be made to cost-saving opportunities related to
toward UCRP costs. In the 2010‑11 budget package, student-faculty ratios, student remediation
the Legislature deleted that language. A new budget rates, articulation of course sequences,
provision directing UC to provide a long-term plan student assessment and placement, caps on
for renewed funding of UCRP, including a proposal the number of course units a student may
for state contributions, was vetoed by the Governor. take at subsidized rates, use of summer
session, expansion of distance education
Because there is no statutory formula or adopted and other alternative modes of instruction,
plan governing state support for UCRP, we did not and other considerations.
include General Fund costs for UCRP during the
forecast period. Based on discussions with UC, · How Should the State Address UCRP
however, we estimate that their proposal could call Costs? As discussed above, UC’s current
for state General Fund contributions exceeding plans to restart UCRP contributions
$400 million annually by the end of the forecast envision a corresponding increase in UC’s
period. General Fund support, reaching several
hundred million dollars per year by the
Key Choices Facing Legislature. Given that end of the forecast period. This constitutes
state General Fund resources are likely to continue one of the largest single General Fund
to be severely constrained for the next several years, augmentation requests the Legislature is
the Legislature faces key questions with regard to likely to be considering in the near future.
the higher education budget. Until UC finalizes a detailed plan, we are
unable to advise the Legislature on UC’s

Legislative Analyst’s Office www.lao.ca.gov 29


California’s Fiscal Outlook

estimated state contribution. Besides Phase-Out of Enhanced Federal Match.


the magnitude of any augmentation, the One factor that increases state costs for some
Legislature will also have to consider health programs over the forecast period is
how state support would be adjusted in the phase-out of the enhanced federal medical
future years, including potential increases assistance percentage (FMAP) originally provided
or decreases in UCRP normal costs and under ARRA and extended through June of 2011
unfunded liabilities. For example, annual by further congressional actions. Historically,
state contributions to UCRP could be tied to the state and federal government share most
other public retirement systems (such as the Medi-Cal costs on a roughly equal basis. However,
California Public Employees Retirement ARRA temporarily increased the federal share
System [CalPERS]). Alternatively, the for California to almost 62 percent beginning in
state’s contribution to UCRP could take the October 2008 and continuing through December
form of a base increase to UC’s operating 2010. Between January and June of 2011, the
budget. The UC would then be expected enhanced federal match will be phased out and
to manage its retirement costs out of its the state’s share of most Medi-Cal costs will
regular General Fund appropriations as it return to a roughly equal basis in July 2011. When
does for most other ongoing support costs. the enhanced FMAP ends, it will reduce federal
funding for programs in the departments of
CSAC Health Care Services, Developmental Services,
Cal Grant Programs. Most of the state’s direct and Mental Health, among others. Our forecast
General Fund support for student financial aid assumes that the reductions in federal funding will
is directed through the Cal Grant programs, be backfilled with General Fund spending. Notably,
which provide fee coverage and subsistence grants this has the effect of increasing the year-over-year
to eligible students. These costs increase with percentage growth in General Fund spending for
expanded program participation and fee increases. these programs in 2011‑12 compared to 2010-11.
Based on these factors, we project that Cal Grant
costs will increase from $1.1 billion in 2010‑11 to Impact of Federal Affordable Care Act (ACA).
$1.6 billion at the end of the forecast period. The ACA, also referred to as federal health care
reform, is far-reaching legislation that will change
how millions of Californians access health care
coverage. Among many other provisions, the new
HEALTH federal law expands federal funding and eligibility
for the Medi-Cal Program and mandates that
California’s major health programs provide
individuals obtain private or public health coverage.
health coverage and additional services for various
Some key provisions will not take effect until 2014.
groups of eligible persons—primarily poor families
The scope of ACA is so broad that it will be years
and children as well as seniors and persons with
before all of its provisions will be fully implemented
disabilities. The federal Medicaid program,
and its overall ramifications fully understood.
known as Medi-Cal in California, is the largest
Over the next few years, the federal government
state health program both in terms of funding
will promulgate regulations that will clarify ACA
and number of persons served. In addition, the
and give more detailed guidance on how many of
state supports various public health programs,
its provisions are to be implemented. Our fiscal
community services and state-operated facilities
forecast includes some significant budgetary
for the mentally ill and developmentally disabled,
adjustments to account for the implementation of
and health care insurance for children through the
ACA. However, our estimates of these adjustments
Healthy Families Program (HFP).

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California’s Fiscal Outlook

are preliminary in nature and may change increases in the state population, policy changes,
significantly in the future as more details emerge and other underlying trends. Due to the recent
regarding ACA implementation. passage of ACA, as described above, Medi-Cal
caseload will increase significantly beginning in
Waiver Renewal Approved by Federal January 2014. The federal government will cover
Authorities. The Department of Health Care the costs for those individuals who are considered
Services (DHCS) submitted a Medi-Cal waiver newly eligible under ACA during the forecast
request to the federal centers for Medicare and period. The state will share costs for any increase
Medicaid Services (CMS). At the time this forecast in caseload in existing eligibility categories that
was prepared, the waiver application had just results from persons enrolling in Medi-Cal in
been approved by CMS. As a result of an expected response to the individual coverage mandate
increase in federal funds of up to $500  million created under ACA. We note that, due to ACA,
annually through 2014‑15, we have reduced overall our estimates related to caseload growth and other
General Fund spending by comparable amounts. economic factors contain a significantly greater
(These savings, which will accrue to various state degree of uncertainty than in the last few years.
departments, have not been allocated to specific
health programs.) Erosion of Assumed Budget Savings. Due to
implementation delays resulting from the passage
of a late budget, we estimate that certain budget
Medi-Cal solutions will achieve less in savings than assumed
Overall Spending Trends. We estimate that in the 2010‑11 spending plan. We also assume
the General Fund spending for Medi-Cal local that none of an unspecified $323 million budget
assistance administered by DHCS in the current reduction in Medi-Cal will be achieved.
year will amount to almost $12.6 billion. This is
about $396  million, or 3.2  percent, more than Expiration of One-Time Savings Measures.
appropriated in the 2010‑11 Budget Act. We We estimate that Medi-Cal spending will increase
project that General Fund support will grow to significantly in 2011‑12 due to the expiration of
$17.6 billion in 2011‑12, a 40 percent increase from several one-time savings measures included in
current-year expenditures. The biggest factors the 2010‑11 budget plan. These savings include:
contributing to this year-over-year spending (1) about $3 billion from the receipt of additional
growth are: (1) changes in the FMAP discussed federal funds; (2) $560 million in hospital provider
above that result in the need for the state to fee funds allocated for children’s health coverage;
backfill lost federal funds with General Fund; and (3) about $380 million in payment deferrals for
(2) increases in caseload, utilization of services, institutional providers, managed care plans, and
and rising costs for those services; (3) erosion of provider repayments to the federal government.
budget savings; and (4) expiration of one-time The forecast assumes that these one-time savings
solutions assumed in the 2010‑11 budget plan. We measures will be backfilled with General Fund
project that spending will reach about $24 billion spending in 2011‑12.
by the end of the forecast period in 2015‑16.
Healthy Families
Key Program Cost-Drivers. A significant We estimate that $123 million from the General
forecast factor is our assumption that the cost per Fund will be spent for support of HFP in 2010-11.
person of Medi-Cal health services will grow at an An expected one-time contribution of $81 million
average annual rate of about 5.5 percent. We also from the California Children and Families
project that the overall Medi-Cal caseload will Commission, $193  million from a temporary
grow nearly 4 percent annually commensurate with

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California’s Fiscal Outlook

tax on Medi-Cal managed care plans, and Developmental Services


reimbursements from other sources, is projected to We estimate that the General Fund spending
bring total state support for the program in 2010‑11 for developmental services in 2010‑11 will total
to $405  million. Due to the expiration of these $2.5 billion. We project that General Fund support
one-time funding sources that offset General Fund will grow to more than $3.1 billion in 2011‑12, a
support, we estimate that General Fund spending 23 percent increase from current-year expenditures.
for HFP will grow to $425  million in 2011‑12 This year-over-year projected growth is largely
and continue growing until 2014‑15, but decline due to the phase out of the enhanced FMAP rate
significantly in 2015‑16 due to the impact of ACA. provided under ARRA and the expiration of
temporary provider payment reductions that were
Recent Caseload Trends Are Flat, but Growth implemented as a cost-cutting measure.
Is Projected to Resume. Ever since enrollment
dipped due to a temporary program closure in fall We project that General Fund support will grow
2009, caseload in the HFP has remained relatively to almost $3.9  billion by the end of the forecast
flat. We project that caseload will begin climbing period in 2015‑16. This projected growth is largely
again in 2011, and will continue to grow throughout due to increased caseload, utilization of services,
the forecast period consistent with past annual and rising costs for community services provided in
caseload growth rates of approximately 5 percent. regional centers. Our forecast assumes that regional
center caseloads will grow at an annual average rate
Other Cost-Drivers. Our forecast assumes of 3.6 percent, and that costs overall will grow at an
increased costs for provision of health care due to average annual rate of about 7 percent.
general growth in medical costs. In addition, the
forecast includes local assistance cost increases
associated with program changes required by
the U.S. Children’s Health Insurance Program SOCIAL SERVICES
Reauthorization Act of 2009 (CHIPRA). The
California’s major social services programs
state may also incur further costs throughout
provide a variety of benefits to its citizens. These
the forecast period due to additional CHIPRA
include income maintenance for the aged, blind,
requirements for substance abuse, mental health,
or disabled; cash assistance and welfare–to–work
and dental benefits. These costs are not included
services for low–income families with children;
in the forecast, due to uncertainty at this time
protecting children from abuse and neglect;
regarding the cost implications of complying with
providing home–care workers who assist the aged
these requirements.
and disabled in remaining in their own homes; and
ACA Provision Will Lower General Fund subsidized child care for families with incomes
Costs in Out-Years. The ACA specifies that the under 75  percent of the state median. Although
federal matching rate for HFP will increase from state departments oversee the management of
65  percent to 88  percent beginning October 1, these programs, the actual delivery of many
2015. If not for this enhanced match, we would services at the local level is carried out by county
project HFP General Fund costs of $570 million welfare and child support departments. Most social
for 2015‑16, the last year of our forecast period. services programs are supported by a mix of state,
Instead, we project that the enhanced federal match federal, and county funds. (In the nearby box, we
in 2015‑16 will reduce HFP General Fund costs to also discuss the rising General Fund costs of the
$289 million. federal–state unemployment insurance program.)

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Major Current-Year Adjustments. The 2010‑11 Overall Spending Trends in Social Services.
budget provided $8.7  billion from the General Based on current law requirements, we project
Fund to support social services programs and that General Fund spending will increase from a
departments. We now estimate that General revised $9.3  billion in 2010‑11 to approximately
Fund costs for social services will be $9.3 billion. $10.7 billion in 2011‑12 and $11 billion in 2012‑13.
Most of this increase is attributable to backfilling For the final year three years of the forecast, we
for assumed federal funds which have not been project that spending will remain relatively flat,
approved by Congress and anticipated delays in reaching $11.1 billion in 2015‑16. The $1.4 billion
realizing savings from certain recently adopted increase in 2011‑12 is mostly attributable to the
budget solutions. General Fund cost of backfilling temporary federal

General Fund Impact of the Unemployment Insurance Insolvency


The Unemployment Insurance (UI) program is a federal–state program that provides weekly
UI payments to eligible workers who lose their jobs through no fault of their own. The UI program
is financed by unemployment tax contributions paid by employers for each covered worker.

Insolvency. As we discussed in our recent report, California’s Other Budget Deficit: The
Unemployment Insurance Fund Insolvency, the UI fund is currently insolvent and ended 2009 with
a deficit of $6.2 billion. Based on earlier Employment Development Department (EDD) estimates,
this report indicated that the deficit could reach $20 billion by the end of 2011. In its most recent
fund forecast, EDD estimates that the fund will have a deficit of $10 billion at the end of 2010,
rising to $13.4 billion in 2011 and $16 billion by the end of 2012.

Federal Loans. Because of the insolvency, EDD obtains federal loans on a quarterly basis
to cover projected fund deficits. To date, the state has borrowed about $8.7 billion, permitting
California to make benefit payments to UI claimants without interruption. Federal loans lasting
more than one year generally will accumulate interest charges of about 5 percent per year on the
outstanding balance.

Temporary Federal Relief. The federal economic stimulus package enacted in 2009, the
American Recovery and Reinvestment Act, relieves states from making interest payments for UI
loans through December 31, 2010. After December 2010, the state must resume making interest
payments. The EDD estimates that the interest amount due in September 2011, for nine months of
interest accruing from January 2011 through September 2011, will be about $360 million.

Addressing the Insolvency. To restore solvency, the state must increase employer taxes, reduce
benefits, or do some combination of the two. Our report on the insolvency discusses the advantages
and disadvantages of potential solutions to this difficult problem.

Budget Forecast. Absent corrective action, the UI fund will remain insolvent for the foreseeable
future, and interest costs will continue to grow significantly. We estimate that these costs will reach
about $700 million by the final year of our forecast, 2015‑16. Under federal law, these interest charges
cannot be paid from the UI fund. Our forecast assumes that these interest payments become a
General Fund cost beginning in 2011–12.

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California’s Fiscal Outlook

funds from the ARRA (discussed earlier in the attributable to: (1) a General Fund backfill to
“Health” section) and the expiration of certain replace a one-time savings from the accelerated
short-term solutions adopted in the past two receipt of TANF block grant funds in 2010‑11,
budget cycles. The relatively slow growth in the (2) caseload growth, (3) the fixed federal TANF
out-years of the forecast is because caseload growth block grant, which does not adjust for caseload
in IHSS and Supplemental Security Income/State increases, and (4) backfilling of TANF ECF
Supplementary Program (SSI/SSP) is offset by funds. We explain these changes in more detail
caseload declines in CalWORKs and Foster Care. below. Last year, the Legislature made additional
substantial short– and long–term policy changes
Costs of Providing COLAs. Current law in the CalWORKs program, as discussed below.
suspends COLAs for social services programs. Their fiscal effects are also reflected in the forecast.
If the Legislature elected annually to provide the
discretionary California Necessities Index COLAs Replacing One-Time Savings From Accelerated
for social services benefits, however, total General Receipt of Federal Funds. The 2010‑11 budget
Fund costs in 2015‑16 would be about $550 million assumes that California will take advantage of
higher than we have projected. This approach existing federal rules which allow states to draw
would result in additional costs of approximately down an extra 10  percent of their TANF block
$350  million in CalWORKs, $160  million in grant during the final quarter of the state fiscal year.
SSI/SSP, and $40 million in Foster Care. Similarly, On a one-time basis, this will result in increased
if the Legislature elected to provide the counties, federal funding of $366 million and corresponding
which administer most of these programs, with General Fund savings. In 2011‑12, the forecast
annual inflationary adjustments, total annual provides a General Fund backfill of $366 million
General Fund costs in 2015‑16 would increase by to replace the federal funding.
about $410 million.
Caseload Costs Affected Mainly by Economic
CalWORKs Conditions. The forecast reflects some significant
Overall Spending Trends. For 2010‑11, the state assumptions about how the CalWORKs caseload
budget provided $1.7 billion from the General Fund and the state’s economy will change during the
for CalWORKs. The budget assumed that Congress next five years. During 2008-09 and 2009‑10,
would reauthorize the Temporary Assistance for the caseload increased by about 8  percent and
Needy Families (TANF) Emergency Contingency 10 percent, respectively, as the state suffered a severe
Fund (ECF) and provide California with about recession. The rate of caseload growth appears to
$400 million to offset General Fund costs. However, have peaked toward the end of calendar 2009 and
the TANF ECF expired on September 30, 2010. the latest data through July 2010 indicate that the
Because Congress has not yet acted to continue caseload has only grown by 2.3 percent over the
the program, our forecast assumes a General Fund last seven months. The latest data are consistent
backfill of about $400 million. From a revised base with the budget forecast of 4.7  percent caseload
of $2.1 billion in 2010‑11, we project that spending growth during 2010‑11. We are forecasting growth
will increase by about $900  million in 2011‑12, of 4.5 percent in 2011‑12 and 2.6 percent in 2012‑13.
peak at about of $3.1 billion in 2012‑13, and then After that, we expect the caseload to flatten, with
decline to about $2.7  billion by the end of the a gradual decline in 2014‑15 as the economy
forecast period. improves.

Our projection of a $1  billion increase in State, Rather Than Federal Government, Bears
spending over the next two years is largely Caseload Costs. Although General Fund support
for CalWORKs is only $2.1  billion in 2010‑11,

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California’s Fiscal Outlook

total program costs, including federal funds, are automatic COLAs for many programs, including
approximately $6 billion. Each 1 percent increase in SSI/SSP. Thus, COLA costs are not included in
caseload results in state costs of about $60 million this forecast, contributing to the relatively slow
per year, because the TANF block grant is fixed. spending growth in SSI/SSP.

Additional Backfill for TANF ECF. Because IHSS


federal support for CalWORKs from the TANF For 2010‑11, we estimate that General Fund
ECF ended in September 2010, the forecast assumes spending for IHSS will be about $1.4  billion,
a backfill of about $400 million from the General which is roughly $200  million above the budget
Fund in 2010‑11, with an additional $115 million appropriation. For 2011‑12, we estimate General
in 2011-12. Fund costs will reach about $1.7 billion. We project
that General Fund support for IHSS will increase to
Cost of Restoring Funds for Short-Term Policy just over $2 billion in 2015‑16. Most of the growth
Changes. For 2009-10 and 2010-11, the Legislature in spending occurs within the first two years of the
(1) exempted families with very young children or forecast period, followed by more modest growth in
families with two or more preschool children from the out-years. The $600 million in spending growth
work participation requirements and (2) reduced over the forecast period is primarily due to (1) the
associated county block grants for employment General Fund backfill of lost additional federal
services and child care by $375  million. Our funds, (2) caseload growth, and (3) the expiration
forecast ref lects complete restoration of these of a temporary budget reduction. Below, we first
reductions in 2011-12. discuss the changes in 2010‑11, and then turn to a
discussion of the major IHSS program cost drivers
S a v i n g s F r o m L o n g -Te r m C h a n g e s . in the out-years.
Commencing in 2011-12, the Legislature created a
system of (1) shortened time limits for most families New Budget Solutions and Estimated Erosion
on aid, (2) increased sanctions, and (3) new county in 2010‑11. As noted above, our forecast assumes
service obligations for families affected by these that IHSS program costs will be $200 million more
new policies. The net impact of these changes is than appropriated in 2010‑11. As part of the 2010‑11
very hard to estimate, but our forecast assumes net budget plan for IHSS, the Legislature adopted
savings of about $200 million beginning in 2011-12 (1) a provider tax and supplemental payment
and growing to $250 million in 2012‑13. which will draw down additional federal funds,
(2) a 3.6  percent reduction to authorized service
SSI/SSP hours, and (3) a caseload savings relative to prior
State expenditures for SSI/SSP are estimated estimates. Together, this package of solutions was
to be about $3 billion in 2010‑11 and 2011‑12. We estimated to save $300  million in 2010‑11. For
project that General Fund support for SSI/SSP will 2010‑11, our review suggests that this package will
increase by about $85 million each year, reaching only save about $155 million and that a portion of
about $3.4 billion by 2015‑16. the savings ($45 million) from previously enacted
anti-fraud activities will not be achieved. We
Costs Primarily Driven by Caseload Growth. discuss these adjustments below.
The spending increases that we project in SSI/SSP
are primarily due to expected caseload growth · Delayed Implementation. For both the
of about 2.3  percent annually. In our forecast, provider tax and the 3.6 percent reduction
the primary driver of the caseload increase is in service hours, our forecast assumes
the anticipated growth in the aging population. later implementation than was assumed
As discussed earlier, the Legislature eliminated

Legislative Analyst’s Office www.lao.ca.gov 35


California’s Fiscal Outlook

in the 2010‑11 budget plan. This delay is Affect Social Services, a federal judge has issued
likely because of the time required for injunctions preventing implementation of service
recipient notification and automation hours and wage reductions enacted in 2009‑10.
system changes. During the time the new 3.6 percent reduction is
in place, budget legislation suspends the 2009‑10
· Increased Utilization of Authorized reductions to allow for current court challenges to
Hours. In addition to our assumption be resolved. Given the uncertainty of the current
related to delayed implementation, our litigation, our forecast assumes no savings from
forecast assumes further erosion of the these 2009‑10 reductions.
savings associated with the 3.6  percent
reduction in authorized service hours.
Because not all recipients currently utilize
all of their authorized hours, the approved JUDICIARY AND
reduction in authorized hours will not
save 3.6  percent of program costs for all
CRIMINAL JUSTICE
recipients. The major state judiciary and criminal justice
programs include support for two departments in
· Interaction of Savings Estimates for the executive branch—the California Department
Caseload and Anti-Fraud Activities. Due of Corrections and Rehabilitation (CDCR) and the
to technical interactions related to the Department of Justice—as well as expenditures for
assumed savings from anti-fraud activities the state court system.
and caseload savings, our forecast assumes
less combined savings from these two CDCR
factors than was included in the 2010‑11 Our forecast assumes that General Fund
budget. spending for the support of CDCR operations will
increase from $9.3 billion in 2010‑11 to $9.8 billion
Backfill for Loss of Federal Funds in 2011‑12. in 2015‑16. This projection reflects additional costs
Because federal relief initially provided pursuant to staff and operate new prison facilities that are
to the ARRA (discussed above in the “Health” expected to be constructed during the forecast
section) ends in June 2011, the forecast provides a period. As discussed below, we estimate that state
General Fund backfill of $298 million in 2011‑12. spending on corrections will be almost $1 billion
higher than the budgeted amount for 2010‑11,
IHSS Caseload Growth. Our forecast assumes primarily due to planned savings that largely will
the IHSS caseload will grow at 3.3 percent per year not be realized.
throughout the forecast period, which is lower than in
past years. This is based on recent data which reflect Policy Changes Needed to Fully Achieve Budget
a slowing in the growth of the caseload. This lower Savings. The 2010‑11 budget assumed $820 million
caseload growth could be attributed to a combination in savings in the federal Receiver’s inmate medical
of factors related to recent program changes. services program by releasing certain infirm
inmates early from prison and placing them on
Two-Year 3.6 Percent Service Hour Reduction parole based on their medical status and from
and Current Law Suspension. As noted above, other unspecified operational and policy changes.
2010‑11 budget legislation temporarily reduced However, our forecast assumes that most of these
authorized hours for IHSS recipients by 3.6 percent savings will not be realized in the current year. This
through June 2012. As explained in our January is primarily due to the absence of a complete plan as
2010 report, How the Special Session Actions Would

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California’s Fiscal Outlook

to how the Receiver will achieve all of the assumed costs, as well as a federal court order to significantly
savings. Moreover, our forecast also assumes that a reduce the state’s inmate population (see nearby box
separate $219 million population-related reduction for more detailed information), the Legislature may
in the 2010‑11 budget will not be fully achieved as wish to reconsider the need for some of the projects
planned, due to the fact that sufficient statutory authorized under AB 900.
changes to allow for a significant reduction in
Providing Inflationary Adjustments Would
correctional populations were not adopted as part
Further Increase Spending. As discussed earlier
of the budget.
in this report, our forecast assumes no price
Ongoing Operating Costs Projected to Increase. adjustments for CDCR’s operating expenses and
Chapter  7, Statutes of 2007 (AB  900, Solorio), equipment. If the Legislature were to provide
authorizes the construction of tens of thousands of such adjustments each year, we estimate that the
additional prison beds. Our projections assume that department’s expenditures would increase by about
about 16,300 additional beds will be constructed $350 million annually by the end of the forecast
pursuant to AB  900 during the forecast period, period, relative to our baseline projections. (This
resulting in an estimated $800 million in additional estimate does not include adjustments for employee
General Fund expenditures to staff and operate the compensation increases, which are discussed later
new facilities. As the new facilities are built, the in this chapter.)
Legislature will need to make policy and budgetary Judicial Branch
decisions regarding the level of programming and General Fund spending for the support of the
staffing to be provided at these facilities, which judicial branch is projected to remain relatively
will determine the actual increase in operational flat at roughly $2  billion from 2011‑12 through
costs. Given the likely magnitude of these eventual 2015‑16. This amount is, however, higher than the

Federal Court Order to Reduce Inmate Population Not Reflected in Projections


On January 12, 2010, a federal three-judge panel issued a ruling requiring the state to reduce
the inmate population in its prisons to 137.5 percent of design capacity—a reduction of roughly
40,000 inmates—within two years. However, the court stayed implementation of this court ruling
pending the state’s appeal of the decision to the U.S. Supreme Court. The January 12 ruling does
not specify the particular inmate population reduction measures that the state must implement.
However, the court did require the administration to submit an inmate population reduction plan on
November 19, 2009, and indicated in its January 12 ruling that the administration could implement
the measures identified in the plan. This plan included certain changes that were adopted as part
of the 2009-10 budget (such as increasing the credits that inmates can earn to reduce their stay in
prison), as well as certain changes that the Governor proposed for 2010‑11 but were rejected by the
Legislature (such as requiring that certain felons be incarcerated in county jail in lieu of state prison).

The U.S. Supreme Court is scheduled to hear the state’s appeal on November 30, 2010. Given that
the ruling is still under appeal, our forecast does not reflect the savings that could result from such
a massive population reduction. However, if the court were to uphold the three-judge panel’s ruling
and the state inmate population were to be reduced 137.5 percent of design capacity, we estimate
that state spending could decline beginning in 2011‑12 in the range of about several hundreds
of millions of dollars annually relative to our baseline forecast for the California Department of
Corrections and Rehabilitation.

Legislative Analyst’s Office www.lao.ca.gov 37


California’s Fiscal Outlook

amount the state will spend in 2010‑11. As part of for the 15 bargaining units with ratified contracts)
the 2010‑11 budget package, a one-time shift of and (2)  employee healthcare premiums (forecast
redevelopment funding will offset $350  million to increase by 7.7  percent annually). By the end
in General Fund costs for the trial courts in the of the forecast period, these costs will more than
current year. Our forecast assumes that the General offset the state’s ongoing savings from the increased
Fund will replace the $350 million in 2011‑12 and employee pension contribution rates and workforce
future years. cap. In addition, we estimate that state savings from
the unpaid leave programs will end by mid-2011-12
Providing Inflationary Adjustments Would because the PLP expires after 12 months, and the
Further Increase Spending. As discussed earlier administration currently does not have authority
in this report, our forecast assumes no inflationary to extend furloughs beyond 2010-11. Consistent
adjustments to the operating budget of trial courts. with current labor agreements and law, our forecast
If the Legislature were to provide such adjustments, assumes no other salary increase through 2015-16,
we estimate that operating expenditures for trial other than the ones described above.
courts would increase by roughly $540  million
annually by the end of the forecast period, relative Uncertainties. Many factors make it difficult to
to our baseline projections. project future state employee compensation costs.
New labor agreements with employee bargaining
units could affect state savings under the unpaid
leave programs. Similarly, actions by the Governor
OTHER PROGRAMS and/or Legislature to extend the leave programs
or make other changes to employee compensation
Employee Compensation
(beyond the top step pay increases included in the
The 2010‑11 Budget Act assumes $1.4  billion
current bargaining agreements) could increase
in General Fund savings from various actions
or decrease annual General Fund costs in the
affecting state employee pay and benefit costs,
hundreds of millions of dollars each year.
including: a 12-month personal leave program
(PLP) and increased employee pension contribution
Public Employee Retirement Costs
rates for most executive branch employees; a three
Our forecast reflects current-law increases in
day per month furlough program for employees in
the state’s annual payments to four major public
the six bargaining units with expired contracts; and
employee retirement programs: pension programs
an executive order directing departments to reduce
for state and CSU employees, the teachers’ pension
workforce costs by 5 percent.
program, state and CSU retiree health benefit
Short-Term Net Personnel Savings. Our programs, and pension programs for judges. (The
forecast assumes $1  billion in net employee teachers’ pension program is administered by
compensation savings in 2010-11. We expect that the California State Teachers’ Retirement System
difficulties associated with the implementation of [CalSTRS], and the other three programs are
the workforce cost reduction and other factors will administered by CalPERS.) The state’s required
result in over $300 million of the projected budget contributions to CalPERS for state and CSU
act savings not being realized. pensions are forecasted to be about $3.6  billion
(all funds) in 2010-11, growing to $3.9  billion in
No Net Savings in Out-Years. In our forecast, 2015-16. (This figure reflects estimated savings due
we estimate state costs to pay (1) salary increases to recent collective bargaining agreements that
beginning 2012 or 2013 for employees at their top increase some employees’ pension contributions.)
step (pursuant to memoranda of understanding The General Fund pays just under 60  percent

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California’s Fiscal Outlook

of these costs. The state’s required payments dollars higher than indicated in our forecast by
to CalSTRS—paid entirely from the General 2015-16.
Fund—are estimated to be $1.3 billion in 2010-11
and grow to over $1.5 billion in 2015-16. The state’s Additional Contributions to CalSTRS
“pay-as-you-go” retiree health benefit contributions Assumed. Typically, the state pays about 4.5 percent
to CalPERS are forecast to grow from $1.4 billion of prior-year teacher payroll to CalSTRS. The
in 2010-11 to over $2 billion in 2015-16. CalSTRS also receives payments from school
districts and teachers to cover its pension program
State Payroll, Investment Return Assumptions, costs. Under state law, the General Fund must
and Stock Values Drive CalPERS Costs. Our contribute additional funds each year when certain
forecast includes fairly modest growth projections unfunded liabilities emerge. Our forecast assumes
for the state’s CalPERS contributions. This is in that the system’s 2010 actuarial valuation—to be
contrast to consistent warnings from the system completed in 2011—will show that such unfunded
in recent years that state contribution rates are on liabilities emerge as the system recognizes more of
track to increase significantly over time—due to the its investment losses from 2008-09. In our forecast,
need to cover added liabilities resulting from the these added contributions total $106  million in
system’s 2008-09 investment declines and recent 2011-12 and grow to $392 million by 2012-13. (These
demographic experience of the system. There are added contributions are very small compared to
several reasons for our projections: the amount of funding the system would require
to eliminate its unfunded liabilities over the next
· Our assumption that state employees three decades.) In addition, our forecast assumes
receive no salary increases except for the that in 2012-13 the state will finish paying off its
one step increase included in many of court-ordered payments to compensate CalSTRS
the labor agreements recently passed by for the state’s decision to withhold a $500 million
the Legislature. (The CalPERS actuarial required contribution in 2003-04. Currently, the
assumptions, by contrast, assume state pays $57 million per year related to the court
steady, regular, annual pay growth.) order.

· Our assumption that investment Unfunded Liabilities Will Persist. The state’s
returns will hit CalPERS’ current retirement programs are projected to have
actuarial investment rate target— significant—and growing—unfunded liabilities
7.75 percent per year—each and every through the forecast period. Because our forecast
year and that other current actuarial includes only current-law pension contribution
assumptions will be met. requirements, it does not include funding sufficient
to begin to reduce CalSTRS’ unfunded liabilities,
· Our assumption that the current and it includes no resources to assist UC in
actuarial investment rate target will restoring its pension program to a sound funding
not change, despite indications from position. It also includes no funding to begin to
system officials that it might as soon pay down large unfunded liabilities for state, UC,
as next year. and CSU retiree health costs. If the state does
not initiate benefit decreases and/or contribution
Each of these key assumptions serves to contain increases very soon, the extra costs needed to retire
growth of the state’s CalPERS contributions. If these huge unfunded liabilities over the next few
one or more of them were changed, the state’s decades will spiral upward.
contributions could be hundreds of millions of

Legislative Analyst’s Office www.lao.ca.gov 39


California’s Fiscal Outlook

State-Mandated Local Programs 8.4 percent annually between 2010-11 and 2015-16.


(Non-Education) Annual General Fund costs are about $1  billion
Over the last several years, the Legislature higher each year due to the recent passage of
has taken various actions to reduce or defer costs Proposition  22 and 26 which restricted the use
for state mandates on local governments (cities, of transportation funds to pay bond costs. The
counties, and special districts). These actions include relatively high pace of debt-service growth is due
permanently repealing mandates, suspending in part to the increase in bond sales from the large
statutory requirements to implement mandates, general obligation bond authorizations in 2006 and
and deferring payments towards retiring the 2008, as well as the growing issuance of AB 900
state’s backlog of mandate claims (over $1 billion). lease-revenue bonds for the prison system. Our
In signing the 2010-11 budget, the Governor forecast is based on the planned sale of bonds that
eliminated funding for two mandates (AB  3632 already have been authorized, but does not include
and Background Checks) and asserted that local any proposed bonds—such as the water bonds
government responsibility for implementing these now scheduled for the 2012 ballot. Our forecast
mandates was suspended for 2010-11. also assumes a minor reduction in debt-service
costs—approximately 1  percent of total General
Mandate Costs Escalate Sharply. Our forecast Fund debt-service costs over the forecast period—
assumes that the Legislature continues to suspend due to the planned sale-leaseback of 11 state office
all mandates that it suspended in 2011-12. properties. Because the sale proceeds will be used to
Because state law does not appear to authorize retire the outstanding debt on those buildings, the
the Governor to suspend mandates, we assume scheduled debt-service payments are eliminated.
that local governments continue to implement the (This reduction in General Fund debt-service costs,
AB 3632 and Background Checks mandates during however, is more than offset by the cost of leasing
2010-11 (and throughout the forecast period) and those facilities back from the new owners.)
that the state reimburses local governments for
these mandated costs. Our forecast also assumes Debt-Service Ratio (DSR) Expected to Rise.
that the state makes annual payments to retire The DSR for general obligation and lease-revenue
the backlog of mandate claims, as specified in bonds—that is, the ratio of annual General Fund
current law. Under these assumptions, state costs debt-service costs to annual General Fund revenues
for mandates would increase from $80 million in and transfers—is often used as one indicator of the
2010-11 to over $500 million annually throughout state’s debt burden. There is no one “right” level for
the forecast period. the DSR. The higher it is and more rapidly it rises,
however, the more closely bond raters, financial
Debt Service on Infrastructure Bonds analysts, and investors tend to look at the state’s
The state uses General Fund revenues to debt practices, and the more debt-service expenses
pay debt-service costs for principal and interest limit the use of revenues for other programs.
payments on two types of bonds primarily used Figure 3 shows what California’s DSR has been in
to fund infrastructure—voter-approved general the recent past and our DSR projections for the
obligation bonds and lease-revenue bonds approved forecast period.
by the Legislature. We estimate that General
Fund costs for debt service on these bonds will be The DSR we are projecting—slightly above
$6 billion in 2010-11 and $7.2 billion in 2011-12. 9 percent at its peak—is considerably higher than
General Fund debt service is projected to grow at it has been in the past. This reflects the sharp,

40 www.lao.ca.gov Legislative Analyst’s Office


California’s Fiscal Outlook

recent fall-off in General Figure 3


Fund revenues, the planned
sale of the large bonds Projected Debt-Service Ratioa
approved since 2006, and 10%
the voters’ recent approval
9
of Propositions 22 and 26.
Authorized, but Not Yet Sold
To the extent additional 8
bonds are authorized and
7
sold in future years beyond
those already approved, the 6
state’s debt-service costs 5
and DSR would be higher
4
than projected in Figure 3.
3

2 Previously Sold

85-86 90-91 95-96 00-01 05-06 10-11 15-16


Forecast
aRatio of annual debt-service payments to General Fund revenues and transfers.

Legislative Analyst’s Office www.lao.ca.gov 41


California’s Fiscal Outlook

Legislative Analyst’s Office


Legislative Analyst
Mac Taylor....................................................................................................................... 445–4656
Deputy Legislative Analysts
Daniel C. Carson............................................................................................................. 319–8303
Michael Cohen................................................................................................................ 319–8301
State Finance
Director: Jason Sisney . ................................................................................................. 319–8361
General Government
Director: Marianne O’Malley....................................................................................... 319–8315
Education, K–12
Director: Jennifer Kuhn................................................................................................ 319–8332
Education, Higher
Director: Steve Boilard.................................................................................................. 319–8331
Health
Director: Shawn Martin................................................................................................ 319–8362
Social Services
Director: Todd R. Bland................................................................................................ 319–8353
Criminal Justice
Director: Anthony Simbol............................................................................................ 319–8350
Transportation, Business, and Housing
Director: Farra Bracht................................................................................................... 319–8355
Resources and Environmental Protection
Director: Mark Newton................................................................................................ 319–8323

www.lao.ca.gov Legislative Analyst’s Office

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